Contracts: A Case Law Update 2026 with Keith Markham

Friday 13 November 2026 | Live online

A term sheet is signed while the parties expect a fuller agreement to follow. A contract says it will continue “indefinitely”. A party seeks to terminate after a repeated breach. In each case, the wording—and the circumstances in which it was agreed—can have consequences the parties did not anticipate.

This practical course examines recent contract law developments through interactive exercises. Delegates will work through the decisions, consider how the courts approached the disputed terms, and apply the lessons to drafting and advising on commercial agreements.

The course will also examine the proposed changes to commercial payment terms and late-payment interest in the Commercial Payments Bill, including the question of how any new rules may affect existing contracts. The Bill remains before Parliament, so these measures will be discussed as proposals rather than law already in force.

Who Should Attend?

This course is aimed at:

• Commercial lawyers and property litigators dealing with contract disputes
• In-house lawyers
• Lawyers who draft or review commercial agreements
• Contract managers and procurement professionals
• Professionals advising on payment, termination or force majeure provisions
• Practitioners who want a practical update on recent contract law decisions

Topics Covered

Contract formation

Can a term sheet create a binding contract even when fuller documentation is expected?

• Hoffman v Finalto [2026] EWHC 921 (Comm)
• Identifying when preliminary terms become enforceable
• Practical points for drafting and negotiating term sheets

Good faith

When might a duty of good faith be implied?

• Svella Connect v Virgin Media Ltd [2026] EWHC 2223 (TCC)
• The relationship between express terms and proposed implied duties
• Drafting points where parties intend to impose, or avoid uncertainty about, a good faith obligation

Payment terms

What could the Commercial Payments Bill change?

• Proposed changes to payment periods and late-payment interest
• The potential effect on commercial contract drafting
• Whether and how new provisions might affect existing agreements

Termination

What does “indefinite” duration mean, and when does a right to terminate arise?

• Zaha Hadid Ltd v The Zaha Hadid Foundation [2026] EWCA Civ 192: indefinite and perpetual contracts
• Providence Building Services v Hexagon Housing Association [2026] UKSC 1: conditions attached to a contractual right to terminate
• Drafting termination provisions that make the intended sequence and consequences clear.

Force majeure

How should “unforeseeable” be understood in a force majeure clause?

• ADM Industries v Inerco [2026] EWHC 1873 (Comm)
• The importance of the clause’s particular wording
• Practical points when drafting or relying on force majeure provisions

Learning Outcomes

By the end of the course, delegates should be better able to:

• Assess whether a term sheet may create binding obligations
• Identify issues arising from proposed implied duties of good faith
• Understand the payment-term reforms proposed in the Commercial Payments Bill
• Distinguish an indefinite contract from a perpetual one
• Apply conditions attached to a contractual right to terminate
• Review the wording of force majeure clauses more critically
• Use recent decisions to advise on drafting and disputes

Price

The price is £199 + VAT per organisation. This covers one delegate plus up to 10 additional colleagues at no extra charge, including colleagues joining from different locations.

If all 11 places are used, the cost is £18.09 + VAT per delegate.

Firms with four or fewer partners can book a single place for £99 + VAT.

Delegates can attend live or watch the recording afterwards. They will receive the recording and course materials.

To book, click the booking link. You can book before all delegate names are confirmed and add colleagues later. Each delegate must be registered to receive joining instructions.

Presenter

Keith Markham has over 15 years’ experience of delivering legal training to solicitors, in-house lawyers and commercial organisations.

He is known for his clear, practical and commercially focused approach, helping delegates understand not only what the law says, but how it applies to the drafting, negotiation and management of everyday commercial contracts.

Keith regularly presents on contract law, commercial agreements, data protection and related business law topics, and his training is designed to give delegates practical tools they can apply immediately in their work.

Important Notes about Booking

Payment can be made by credit or debit card or by invoice. The invoice option appears below the card-payment option in the booking form.

Please check colleagues’ email addresses carefully when registering them, as an incorrect address may prevent joining instructions from reaching them.

The Legal Training Consultancy

The Legal Training Consultancy is a full-service training consultancy with a large portfolio of conferences, courses and trainers. Over the years, we have put together law and management conferences, webinars, seminars, videos and e-learning modules—altogether well over 2,200.