Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

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 podcast examines the risk of trying to rely on conduct to argue that a contract has been novated or assigned, where contractual formalities have not been complied with, illustrated by the facts of the case. It goes on to consider the practical application of an 'all reasonable endeavours clause' and the factors the court may take into account when considering whether such a clause has been complied with.

Outcomes:
After completing the course you will:
  • Be reminded of the general rules surrounding novation;
  • Understand the guidance given by the courts in the past about the meaning of endeavours clauses;
  • Know the facts of the CEP Holdings case;
  • Know the High Court's opinion in this case about attempts to rely on conduct to show that a contract has been novated or assigned and the obligations imposed on a party subject to an all reasonable endeavours clause.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Sources and References:
  • Law of Property Act 1925 ;
  • CEP Holdings Ltd & CEP Claddings v Steni AS [2009] EWHC 2447 (QB);
  • Hendry v Chartsearch Ltd [1998] CLC 1382;
  • Rhodia International Holdings Ltd v Huntsman International LLC [2007] EWHC 292;
  • Yewbelle Ltd v London Green Developments Ltd [2007] EWCA Civ 475;
  • P & O Property Holdings Limited v Norwich Union Life Insurance Society [1993] EGCS 69;
  • Sheffield District Railway Co v Great Central Railway Co [1911];
  • BM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335;
  • Malik Co. v Central European Trading Agency Ltd [1974] 2 Lloyd’s Rep. 279;
  • Rackham v Peek Food ([1990] BCLC 895);
  • Terrell v Mabie Todd and Co. Ltd [1952] 69 RPC 234 Baring;
  • Securities v DG Durham Group [1993] EGCS 192.

This podcast examines the recent High Court decision in CEP Holdings Ltd and CEP Claddings Ltd v Steni AS [2009] EWHC 2447 (QB) in which the court discussed when conduct can be relied on to show that a contract has been novated or assigned and the meaning of an 'all reasonable endeavours' clause.

podcast added 26/04/10

Podcast last reviewed: 2011-04-26

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