Podcast Location:
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Part of:
New Cases on Commercial Contracts CPD Training Bundle
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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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:

In this CPDcast, Jeffrey Gruder QC of Essex Court Chambers discusses exclusion clauses – how they have traditionally been interpreted by the courts, the relevant statutory constraints and the circumstances under which the issue of exclusion clauses came before the Court of Appeal in Kudos Catering. It provides a focused insight into the law governing exclusion clauses including the commercial considerations which follow and will be of interest to any commercial practitioners.

Outcomes:
After completing the course you will:
  • Be aware of how the courts have traditionally interpreted exclusion clauses;
  • Know the factual background to the Kudos Catering case and how the Court of Appeal interpreted the exclusion clause;
  • Be aware of the remit of statutory controls which affect the enforceability of exclusion clauses;
  • Understand the relative importance of deliberate repudiatory breach to the interpretation of exclusion clauses;
  • Have contemplated the commercial considerations which flow from the Kudos Catering case.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Hadley v Baxendale [1854] EWHC Exch J70;
  • Kudos Catering(UK)Limited v Manchester Central Convention Complex Limited [2013] EWCA Civ 38;
  • Kolen Centrale [1967] 1 AC 361;
  • Misrepresentation Act 1967;
  • Modern Engineering v Gilbert-Ash [1974] AC 689;
  • NETTV v MARHedge [2009] EWHC 844 (Ch);
  • Photo Production Ltd v Securicor Transport Ltd [1980] UKHL 2;
  • Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900;
  • Sale of Goods Act 1979;
  • Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche [1965] Vol. 1 Lloyd's Rep.166 ;
  • The Unfair Contract Terms Act 1977.
Tags:

In this CPDcast, Jeffrey Gruder QC of Essex Court Chambers discusses the ambit of exclusion clauses following his appearance in the Court of Appeal case of Kudos Catering v Manchester Central Convention Complex Limited (2013).

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 17th July 2013

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