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Tue 11 February 2025
9.00am - 10.00am
This session will explore both the conventional and more creative ways that parties try to get out of an English law contract or obligation. This ranges from ways to escape the contract entirely (such as arguing a contract was never formed or that it has been terminated or can be rescinded) or just the consequences of a specific obligation or provision. In times of crisis, concepts such as force majeure, illegality and frustration are frequently considered but we will look at these issues, plus more, in ‘business as usual’ contexts.
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Wed 12 February 2025
9.00am - 10.00am
With the appeal against the Court of Appeal decisions on the Close Brothers/First Rand cases listed to be heard by the Supreme Court on 1st April, Barclays Partner Finance Judicial being given leave to appeal against the High Court decision in relation to its recent judicial review proceedings against the Financial Ombudsman Service and, most recently, the chancellor weighing in to intervene on behalf of the motor finance industry, it is fair to say that 2025 is shaping up to be an interesting year, not only for those in the motor finance sector, but for all those engaged in retail financial services which rely on commission paid distribution models. Join A&O Shearman’s lawyers as they examine the recent cases, the potential outcomes of the appeals, the regulatory perspective and what the wider implications could be for both brokers and product providers in the retail financial services sector.
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Mon 24 February 2025
9.00am - 10.00am
In this session we will explore the main trends we saw in the public M&A market in 2024 and what we expect for the year ahead.
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Tue 25 February 2025
9.30am - 10.00am
In this session we consider the limits of freedom of contract; what you can’t agree to and what you can’t enforce. We will cover the types of clauses – such as penalty clauses, exclusion clauses, and discretions - that often appear in commercial contracts but, if not well drafted, risk being unenforceable. We will also consider the wider statutory and public policy considerations that limit what you can agree to and enforce.
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Fri 28 February 2025
12.30pm - 1.30pm
Recent case law has considered the difference between contractual waiver and waiver by estoppel of a lender’s right to default interest under a loan agreement. It raises fundamental questions about the nature of variation, waiver and estoppel and their relationship with clauses designed to protect lenders from inadvertent modification of contract terms or waiver of their rights and remedies.
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