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Corporate & Commercial Law
Pensions Law
CPD Points:
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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:
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast mini-series is aimed at practitioners interested in the case law and principles to be applied to the construction of legal documents and may be of particular interest to those specialising in disputes concerning pension documentation. It aims to address some of the key definitional and conceptual issues that have arisen out of a complex mass of case law and looks critically at the approach of the higher courts when questions about interpretation come before them. This podcast looks at the key principles that apply to the construction of documents and the important distinctions between various categories of claim in which interpretation arises.

After completing the course you will:
  • Understand the key principles that apply to the construction of documents;
  • Understand the basis on which questions of construction usually decided;
  • Distinction between mistake and ‘pure construction’ cases;
  • Understand the distinctions between various cases of ‘mistake’;
  • Understand the approach of the courts to cases of mistake.
Complex Difficulty: 4 of 5
Case Update
Legal Principles
Sources and References:
  • Rainy Sky SA v Kookmin Bank [2011] 1 W.L.R. 2900;
  • Bank of Credit and Commerce International S.A. v Ali [2002] 1 A.C. 251;
  • Mannai Investment Co. Ltd. v Eagle Star Life Assurance Co. Ltd. [1997] A.C. 749;
  • KPMG v Network Rail Infrastructure Ltd. [2006] EWHC 67, [2007] EWCA Civ 363;
  • Littman v Aspen Oil (Broking) Ltd. (2005) N.P.C. 88 and 150;
  • The Starsin (Homburt Houtimport BV v Agrosin Private Ltd.) [2004] 1 A.C. 715;
  • Chartbrook Ltd. v Persimmon Homes Ltd. [2009] 1 A.C. 1101;
  • Charter Reinsurance Co. Ltd. v Fagan [1997] A.C. 313;
  • Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 W.L.R. 896.

In this pair of podcasts on the complex case law surrounding the construction of documents, mistake and the remedy of rectification, chancery and pensions specialist Elizabeth Ovey from Radcliffe Chambers guides practitioners through some of the definitional and conceptual difficulties that exist with an eye to the application of these principles to the interpretation of pensions documentation in particular.

Podcast added: 20/01/12

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