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Commercial disputes

Wilberforce Northern Commercial Conference

Wednesday 28 June 2017
4.00pm - 6.30pm followed by drinks
DoubleTree by Hilton Hotel Manchester Piccadilly, 1 Auburn StreetManchesterM1 3DG
2.0 CPD

The Wilberforce Commercial Litigation Conference looks at the issue of remedies.

Our Commercial teams will be exploring, in short talks and workshops, issues relating to remedies on which they have recently advocated and advised in practice.

The conference will be followed by a Drinks Reception from 6.30pm onwards.


4.00 – Registration

4.15 – Chairs welcome – Tom Roscoe and Jonathan Chew

4.20 – Restitutionary Update – Tim Penny QC

  • Quantum meruit and unjust enrichment
  • Recent Supreme Court cases
  • Preconditions for a claim in unjust enrichment

4.40 – The cross-undertaking in damages – Simon Atkinson

  • Calling on the cross undertaking
  • What worth is the cross undertaking?
  • Reflections on Abbey Forwarding Ltd -v- Hone

5.00 – Choice of two workshops:

WORKSHOP 1 Remedies for Breach of fiduciary duty.

  • Who is a fiduciary? What are the remedial benefits to finding someone a fiduciary?
  • Equitable compensation
  • Proprietary remedies, constructive trusts and tracing

WORKSHOP 2 Release fees and accounts of profits: Wrotham Park and beyond.

  • When will release fee damages be awarded for breach of contract?
  • How will the release fee be quantified?
  • Why might the release fee become an account of profits?

6.00 – Would I Lie to You?– Chaired by Bobby Friedman
(Simon Atkinson, Tom Roscoe and Jamie Holmes)

6.30 – Close and Networking drinks at Sky Lounge Hilton

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