Contract Interpretation, Damages and Remedies
Sharpen your contract construction or interpretation skills and examine what to do when faced with a breach or potential breach of contract, in particular the damages and remedies that are available to you and whether or not they can be claimed. This intensive programme will unpack the applicable principles and practical approaches you need to be aware of in your contracts practice. WEB219NZA06
Description
Attend and earn 3 CPD hours
Chair: Chris Linton, Consultant, Duncan Cotterill
9.30am to 9.35am Opening Comments by the Chair
9.35am to 10.40am Equitable Remedies: Specific Performance and Injunctions
- Know when equitable (as opposed to legal) remedies will be allowed
- Understand the different types of equitable remedies: specific performance and injunction
Presented by Tim Herbert, Barrister, High St Chambers
10.40am to 11.40am Damages: What Can I Recover?
Gain a deeper understanding of the principles of remoteness, consequential loss and the quantification of damages.
- What measure of damages is best for my claim?
- How do I quantify my loss?
- What is the impact of a limitation clause on my claim? Can I get around it?
- What do concepts such as "remoteness" and "consequential loss" mean in practise?
Presented by Bridgette White, Senior Associate, Russell McVeagh
11.45am to 12.45pm Contract Construction and Interpretation
- An overview of the key principles relevant to contractual interpretation in New Zealand
- Recent developments in case law
- Current approach to the parol evidence rule and implied terms
Presented by Anita Birkinshaw, Special Counsel and Avary Patutama, Solicitor, Simpson Grierson
Learning Objective:
- Gain practical insights into contract construction and interpretation
- Learn about the different types of contractual damages and their application
- Examine the equitable remedies of specific performance and injunction and their application
Presenters
Chris Linton
Chris Linton specialises in corporate/commercial and technology law, and advises public and private sector entities in New Zealand and offshore. Her expertise includes technology projects (from strategy, procurement and implementation through to dispute resolution), M&A, joint ventures, strategic alliances, venture capital and gaming (and related regulatory advice). Before joining Duncan Cotterill, Chris was a partner at another national law firm in Wellington for eight years and at a specialist commercial law firm in Auckland for ten years. She also worked in London with leading global firm, Linklaters doing cross border M&A, joint ventures and financing.
Anita Birkinshaw
Anita specialises in litigation and has extensive experience in commercial dispute resolution. She advises clients on a varied range of contentious matters, including in relation to intellectual property, regulatory investigations and prosecutions, competition law issues, contractual disputes and administrative law. Anita is highly experienced in resolving claims through court proceedings, arbitration, mediation and negotiation. She works with clients from a wide variety of industry sectors, including manufacturing and retail, professional services, media and aviation. Anita has a Master's degree in law from the University of Paris I (Pantheon-, Sorbonne), France. Following her postgraduate studies, she worked as a litigator for leading international law firms in Paris and London, with a particular focus on disputes arising in the energy industry and on product liability law.
Bridgette White
Bridgette is an experienced commercial litigator with particular expertise in complex contractual and company law litigation, property disputes, insolvency and financial regulation. Her practice covers bother contentious advocacy, alternative dispute resolution processes and advisory work. She has extensive experience in both the High Court and Court of Appeal. In addition to her New Zealand experience, Bridgette also has also worked in litigation at an eminent international firm in London.
Tim Herbert
Tim is a barrister sole. Having studied law at Brasenose College, Oxford, Tim attended law school at the Oxford Institute of Legal Practice. From there, he commenced his career at Herbert Smith in London and Hong Kong, becoming a solicitor qualified in England and Wales, before moving to the litigation department of the London branch of US firm, Jones, Day, Reavis & Pogue. After two years there, he moved to Australia where he worked for Freehills and Coudert Brothers in Sydney, becoming a solicitor and barrister qualified in New South Wales. He moved to New Zealand in 2005. After 5 years qualified as a barrister and solicitor in New Zealand, practising from LeeSalmonLong in Auckland, he commenced his own practice in 2010. He advises in most aspects of civil and commercial law and has appeared at all levels of the New Zealand courts. Tim remains a solicitor qualified in England and Wales and is a Senior Consultant for a London firm: Ignition Law. Ignition Law is a unique entrepreneurial law firm providing specialist corporate, commercial and employment advice to start-ups, scale-ups and entrepreneurs.