Podcast Location:
Download it here [file size: 23.4 MB]
Categories:
Litigation & Dispute Resolution
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 update the listener on five cases with a commercial flavour; the cases have been chosen due to interesting points of law, evidence or procedure. It also aims to draw out the principles of the judgements and discusses where the point may be applicable for the listener in their own practice.

Outcomes:
After completing the course you will:
  • Understand the following decisions:;
  • (i) Sony v Cinram and where the burden of proof lies in the assessment of damages;
  • (ii) Aspinall's Club v Al-Zayat and the effect extending unlawful credit has on a dishonoured cheque;
  • (iii) Pratt v Aigaion on contractual interpretation;
  • (iv) Re: West Coast Capital (Dobbie's Garden Centre) and the risks of asking for an unfair prejudice petition and injunctive relief at an interim stage;
  • (v) Transfield Shipping v Mercator Shipping Inc (The Achilleas) on flexibility in the Hadley v Baxendale test.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955;
  • Aspinall's Club Ltd v Al-Zayat [2007] EWCA Civ 1001;
  • Pratt v Aigaion Insurance Company SA (The Resolute) [2008] EWCA Civ 1314;
  • Re: West Coast Capital (Dobbie's Garden Centre);
  • Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] 4 All E.R. 159.

In this podcast Matthew Parfitt, a barrister at Erskine Chambers, provides a round-up of some important commercial cases in 2008. The discussion covers the issues raised in the cases, including assessment of damages for breach of contract, contractual interpretation, unfair prejudice petition and injunctive relief.

Podcast Added: 8/10/2008

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