Podcast Location:
Download it here [file size: 21.1 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:
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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 podcast provides a detailed examination of the recent Chartbrook decision – analysing the facts of the case, the legal framework governing contractual construction, and how Lord Hoffmann approached his judgment. As well as analysing the principles that Lord Hoffmann set down in the ICS case, and examining their impact, this podcast discusses what the Chartbrook decision means for practitioners and how they approach contractual drafting and litigation.

Outcomes:
After completing the course you will:
  • Know the facts of the recent Chartbrook case;
  • Understand the legal framework governing contractual construction;
  • Understand how Lord Hoffmann approached his judgment in Chartbrook;
  • Know the principles that Lord Hoffmann set down in the ICS case, and understand their impact;
  • Understand what significance the Chartbrook decision has practitioners and how they approach contractual drafting and litigation.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38;
  • Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896;
  • Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251;
  • Antaios Compania Naviera S.A. v. Salen Rederierna A.B. [1985] A.C. 191;
  • National Bank of Sharjah v Dellborg [1997] EWCA Civ 2070 Prenn v Simmonds [1971] 1 WLR 1381;
  • Partenreederei MS Karen Oltmann v Scarsdale Shipping Co (The Karen Oltmann) [1976] 2 Lloyd's Rep. 708);
  • Lord Bingham “A New Thing Under the Sun? The Interpretation of Contract and the ICS Decision” (2008) 12 Edinburgh LR 374–390;
  • Lord Nicholls “My Kingdom for a Horse: The Meaning of Words” (2005) 121 LQR 577.
Tags:

This podcast examines the recent House of Lords decision of Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, focusing especially on the leading judgment of Lord Hoffmann. The podcast examines the facts of the case, and how Lord Hoffmann analysed and applied the principles of contractual construction he had set down in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 – the ICS case.

Podcast added 20/08/09

Podcast last reviewed: 2011-07-25

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