Podcast Location:
Download it here [file size: 54.3 MB]
Part of:
New Cases on Commercial Contracts CPD Training Bundle
Categories:
Litigation & Dispute Resolution
Civil Procedure
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast is aimed at commercial litigation practitioners. It explains the applicable legal principles regarding the admissibility of pre-contractual negotiations and how these were applied in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38.

It also discusses recent decisions regarding the admissibility of pre-contractual negotiations which are marked “without prejudice” and the distinction between the admissibility of extrinsic material and the weight to be given to that material in construing a contract.

Outcomes:
After completing the course you will:
  • Be aware of the principles regarding the admissibility of pre-contractual negotiations;
  • Understand how the issue of admissibility of pre-contractual negotiations was approached in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 and how the law has developed since the House of Lords' decision;
  • Be aware of the courts’ treatment of pre-contractual negotiations which are marked “without prejudice”;
  • Understand the distinction between the admissibility of extrinsic material and the weight the court may give to that material when construing a contract.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38;
  • Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736;
  • Investors Compensation Scheme v West Bromwich Building Society [1997] UKHL 28;
  • Oceanbulk Shipping & Trading SA v TMT Asia Limited and others [2010] UKSC 44;
  • Rainy Sky S.A and others v Kookmin Bank [2011] UKSC 50;
  • Owen Ernest Wood & Ors v Hudson Industrial Services Limited [2012] EWCA Civ 599;
  • Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607.

In this CPDcast, Julian Greenhill from Wilberforce Chambers explains the law on admissibility of pre-contractual negotiations and how this has developed since the House of Lords case of Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 in which Julian appeared on behalf of the appellants.

Date Recorded: 19th June 2013

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