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Falconbury

Understanding and Drafting Exclusion and Limitation of Liability Clauses Training Course

A deep-dive into what exclusion and limitation of liability clauses are, how and why they work and how to put them in place.

5 July 2024
+ 4 November 2024 »

from £299

Need help?  Enrol or reserve

Course overview

It’s important to have a good understanding of exclusion and limitation of liability clauses when drafting contracts. Neither side in a contract will want to be unreasonably limited by these clauses but, on the other hand, neither side will want to leave themselves open to providing compensation for losses incurred.

This intense half-day will bring you right up to date with all you need to know about the specific issues and potential pitfalls related to these clauses. It also covers negotiating and drafting issues that can invalidate exclusion and limitation of liability clauses.

The expert trainer will share his immense experience in this area, giving you the skills and knowledge to identify and mitigate against the risks and responsibilities related to these specific clauses. Working through drafting exercises will help embed the learning and ensure you get the most out of this course.

This training course is part of our Commercial Contracts Training Course collection which has been designed for the in-house lawyer.

Benefits of attending

By attending this course you will:

  • Understand exclusion and limitation of liability clauses in more depth
  • Get to grips with internationally accepted practice and jurisdictional differences
  • Learn about the economic rationale for this area of law
  • Master the ACE principle
  • Practice drafting techniques
  • Explore 2023/2024 changes you should be aware of

Who should attend?

This interactive course has been specifically designed for:

  • In-house lawyers
  • Private practice lawyers
  • Commercial and contracts directors and managers
  • Procurement personnel
  • Business development managers
  • Others whose work brings them into contact with contracts

Enrol or reserve

The Understanding and Drafting Exclusion and Limitation of Liability Clauses course will cover:

Understanding exclusion and limitation clauses

  • International applicability and different practices
  • Myths about liability clauses
  • Internationally accepted practice
  • Economic rationale for this area of law
  • The liability protection spectrum
  • Jurisdictional differences
  • Factors affecting which do and factors which do not affect liability
  • A roadmap to drafting a clause:
    • Evaluating risk
    • 3 solutions to reduce risk before you get anywhere near a limitation or exclusion clause
    • The ACE principle
      • Acceptance of risk
      • Capping of risk
      • Exclusion of risk
    • Drafting a clause

Negotiating liability clauses: risks and responsibilities

  • Arguments used by each side when negotiating
  • Indirect and consequential loss
  • A suggested approach
  • When you do your job but someone messes it up
  • UCTA, CRA

Drafting a liability clause: tips, tricks and techniques

  • Exercises in drafting
  • 2023-2024 changes

Final questions

Enrol or reserve

Mark Weston
Sederby Consulting Limited

Mark Weston has run his own law firm, Weston Legal, since 1 January 2024. He is also a consultant at Hill Dickinson LLP where he joined in February 2016 as a partner and Head of its Commercial, TMT & IP Practice. Before that, he was a partner and Head of the Commercial/IP/IT Team at Matthew Arnold & Baldwin LLP and before that, he spent several years at Baker & McKenzie in London and Chicago and has also previously been seconded to Hewlett Packard and other technology businesses. He changed role to become a consultant in Hill Dickinson’s London office in January 2024.

Expertise: Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce and on-line services law. He specialises in commercial and Tech issues. Mark is used as a ‘trusted adviser’ by many clients in all sorts of businesses and often acts as ‘private practice in-house counsel’ for many clients. He specialises in tech and internet businesses.

Clients: Just some of Mark’s more well-known clients include Elstree Film Studios, RTL Group S.A., Sykes Cottages, Retailcorp Brands LLC, The Gulf Marketing Group, Moneynetint Limited and the BBC.

Some detail: Mark has extensive experience in advising clients on all manner of commercial matters (such as business planning and solutions, franchising, distribution, agency and marketing) through branding and intellectual property exploitation and licensing, to advice and documentation regarding hardware and software issues (such as development, licensing, maintenance and distribution, SaaS and cloud, Internet transactional solutioning, B2B, B2C and B2G electronic commerce, S-commerce and M-Commerce, social media, outsourcing, facilities management, procurement, IT policies, data protection (privacy), GDPR and freedom of information issues as well as artificial intelligence (AI)). He has a particular expertise in new digital business and revenue streams. He is also experienced in dealing with software disputes and IT litigation. The increasingly extensive media side of his practice relates primarily to publishing (both real world and digital content), to games and gaming platforms (and particularly transmedia technologies), advising companies about their advertising onscreen, online and in print and managing their public communications strategies generally (dealing with the CMA and ASA in the process) – and also a smattering of television, film and music exploitation. Recently he has been very active in AI advice.

More unusual: 

Mark has previously spent several months on secondment to Hewlett Packard and he has also been seconded to assist in the legal problems arising in new technology companies such as Symbian. From 2000 to 2001, Mark was resident in the Chicago office of Baker & McKenzie advising US clients on European and UK aspects of IT and electronic commerce law and practice.

Mark is the author of the Legal Practice Companion, a parallel text book used at several law schools, the editor of the IP and Media Law Companion as well as the rest of the Companion series of books published by Bloomsbury Professional, Tottels, Cavendish Publishing and Oxford University Press. He has noted numerous reports for the IT Law Reports and is widely published in Computing, Computers & Law, Computer Law & Security Report, IT Law Today, Intellectual Property World, Solicitors Journal and many other journals both online and offline. Mark has also authored articles syndicated in the national and trade press and is regularly quoted in national newspapers and is heard on radio as an expert in his fields. Mark is the author of the Business Names on the Internet chapter in the PLC Ecommerce Manual as well as numerous other articles on various Commercial & IT law topics.

Mark lectures regularly on all Commercial, IP and IT law topics, including at the IBC IT ‘Summer School’ Programme in Cambridge, England; the Falconbury and MBL two-day and three-day Commercial Contracts seminars (run several times a year) and IT Contracts seminars (run three times a year) in London; and he has previously lectured at the Annual On-line & Internet Commerce Law Institute seminar in Chicago and tutored at University College London.  He also runs a programme of bespoke training schemes on commercial law, IP law, IT law, AI law and data law as well as soft skills programmes such as negotiation skills and presentation skills.

Finally, you may have seen that Mark likes blogging and writing books, which are available at all good bookshops! He also appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator, as well as trying to avoid the huge quantity of pink powder the TV make-up girls want to apply to his increasingly receding hairline.

More details

NEW higher discounts for multiple bookings - bring your colleagues to make your training budget go further:

  • 30% off the 2nd delegate*
  • 40% off the 3rd delegate*
  • 50% off the 4th delegate*

Please contact us for pricing if you are interested in booking 5 or more delegates

5 July 2024

Live online

13:30-17:00 UK (London) (UTC+01)
14:30-18:00 Paris (UTC+02)
08:30-12:00 New York (UTC-04)
Course code 14405

  • GBP 299 349
  • EUR 439 509
  • USD 501 579

Until 31 May

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Not ready to book yet?

for 7 days, no obligation

4 November 2024

Live online

13:30-17:00 UK (London) (UTC+00)
14:30-18:00 Paris (UTC+01)
08:30-12:00 New York (UTC-05)
Course code 14406

  • GBP 299 349
  • EUR 439 509
  • USD 501 579

Until 30 Sep

View basket 

 
Not ready to book yet?

for 7 days, no obligation

* Early booking discounts may not be combined with other discounts or offers. As such, the discounts for 2nd/3rd/4th delegates are based on the full price; and apply only when booking multiple delegates on the same date.

Multiple colleagues? See above for details of our discounts for 2, 3, or 4 delegates. For more, talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra Beer

Aleksandra BEER
Training expert

Yesim Nurko

Yesim NURKO
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy