Podcast Location:
Download it here [file size: 18.7 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

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 aims to advise practitioners on the approach the court will take when interpreting a contract expressed to be governed by English law, but which is based on a foreign form. The question of whether it can be interpreted in accordance with the law of that country, or whether it must be construed in accordance with English law principles of contract construction, will be answered. It aims to remind listeners of the Boston Deep Sea Fishing principle and examine whether a party terminating a contract can make use of that principle when the other party has renounced the contract.

Outcomes:
After completing the course you will:
  • Understand how the courts will interpret a contract expressed to be governed by English law, but which is based on a foreign form;
  • Understand what must be done for a contract to effectively exclude any common law rights or remedies which the parties would otherwise have;
  • Be reminded of the Boston Deep Sea Fishing principle;
  • Know whether that principle can be applied when there has been a renunciation of the contract.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Seadrill Management Services Limited and others v OAO Gazprom (2009) EWHC 1530 (Comm);
  • Boston Deep Sea Fishing and Ice Co v Ansell (1888) 39 ChD 339;
  • Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Limited [1974] AC 689;
  • Beaufort Developments Limited v Gilbert-Ash Limited [1999] AC 2662;
  • Supply of Goods and Services Act 1982.

In this podcast Fiona Ball examines the recent judgment of the High Court in Seadrill Management Services Limited and others v OAO Gazprom (2009) where useful guidance was provided on two issues. The first relates to the correct construction of a contract which is based on a standard U.S. Form but which is governed by English law. The second issue is whether the principle previously established in Boston Deep Sea Fishing and Ice Co v Ansell (1888) can be applied to renunciation of a contract.

podcast added 26/04/10

Podcast last reviewed: 2011-04-26

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