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 may be of interest to practitioners in commercial law and to drafters of contractual terms generally. It will examine both the facts and impact of the Chartbrook decision looking particularly at the scope and rationale of the rule behind the inadmissibility of the parties' subjective intentions as to the intended meaning of the contract leading up to its execution.

This podcast will also analyse the House of Lord's pronouncements on the correct approach to contractual interpretation, looking at the tension between a literal and efficacious reading of the terms. The decision is also important for potentially redefining the scope of the equitable remedy of rectification of contracts and suggests what practical steps might be taken by a draftsman to ensure written terms and formulae are as clear as to their effect as possible.

Outcomes:
After completing the course you will:
  • Know the facts and impact of the Chartbrook case;
  • Understand the legal framework governing the rules of contractual construction;
  • Understand the rationale for the rule making pre-contractual negotiations inadmissible;
  • Be aware of Lord Hoffman's comments on this rule of evidence;
  • Know the points of comparison between the English and Continental approaches to contractual interpretation;
  • Know the remaining exceptions to the rule against admissibility;
  • Be aware of the new judicial pronouncements on the scope of the remedy of rectification of written contracts.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Sources and References:
  • Chartbrook Limited v Persimmon Homes Limited and Ors [2009] UKHL 38;
  • Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896;
  • Mannai Investment Co Ltd v Eagle Star Assurance [1997] UKHL 19.

In this podcast, Christopher Nugee QC and Julian Greenhill, the successful appellants in the House of Lords case of Chartbrook v Persimmon [2009] outline the significance of the decision. This podcast will touch on three main areas, the admissibility of pre-contractual negotiations into disputes over the meaning of a written contract, the principles of construction and finally the approach to the equitable remedy of rectification of a contract in cases of mutual mistake.

Podcast added: 24/11/09

Podcast last reviewed: 2011-05-27

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