The trainer is an international lawyer and corporate educator on commerce and finance law and professional business skills and management. He was formerly a partner and Head of International Commercial Law at KPMG Legal globally and Masons (now Pinsent Masons). He has been listed in the independent Chambers Global: The World’s Leading Lawyers as an expert in investment law and regulations, where he is described by peers and clients as “a strong commercial thinker.
He concentrates on UK and international investment, M&A, private equity, energy, corporate and commercial law in developed and emerging markets, and also facilitates training in international professional management and skills. He advises a range of international organisations.
In addition to being a corporate educator he sits as a non-executive director in the private and public sector.
Standard T & C’s are critical and interdependent with commercial relations. They can enhance value between parties or destroy long held profitable relations invested in over time. However, they are usually given a low priority and only looked at when a dispute arises.
We will look at how to use Standard T & C’s to create and sustain profitable relationships with customers and suppliers.
Experience shows that there is all too often a disconnect between the sales and legal/contracts/compliance department which results in using T & C’s that are out of date, copied from those of a competitor, staff not following procedures – all creating risk. Often, without knowing your company may even not have contracted on their T & C’s but their counterparty’s – this is all too common.
By the end of the course participants shall be able to ensure an agreement that is more favourable to their company, that creates certainty and minimises the chances of legal disputes. For negotiations it will help you to identify your options - target, realistic, fall-back and walk-away.
You will learn how to review a set of simple or complex Standard Terms & Conditions with a checklist of pointers. Review the '7 Essentials' of a valid contract and what happens if one is missing.
The day will cover how to ensure you contract on your (more favourable) terms and not your counterparty’s. Cover the ‘Battle of the Forms”, Price and Performance and Intellectual Property Rights.
Also, there will be a practical session on the key statutes that have a significant bearing on Standard T & C’s - the Sale of Goods Act 1979, the Sale of Goods and Services Act 1994, and the terms they imply into your Standard T & C’s.
Also, the Unfair Contract Terms Act 1977, which has a direct and onerous impact on whether you can exclude liability.
If you already have Standard T & C’s you will learn whether and how they can be amended. Moving from price clauses as to delivery, performance, Force Majeure and why they require regular review as the context of commerce constantly changes such as Brexit. To protect goods against payment it will look at Retention of Title or ‘Romalpa’ clauses.
What 'Damages' might you or your counterparty have to pay, whether you have a valid Liquidated Damages clause.
At the end of the course participants will be able to avoid mis - matched expectations to deepen and sustain profitable commercial relationships.
During the course participants will look at case studies, sample documents and receive checklists to assist them during and after the course as they apply the learnings in their everyday work.
|Training Course Title||Training Course Summary|
|Introduction to The Takeover Code||On this introduction to the Takeover Code course, participants will learn about how the Takeover Panel operates in practice and how to apply the six general principles.|
|Joint Ventures||See the advantages and disadvantages of the main joint venture structures|