Podcast Location:
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Part of:
Construction Law Insight 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)
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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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, Jeremy Glover, a partner at Fenwick Elliot and construction, energy and engineering law expert discusses recent changes in the way English law contracts have been interpreted and whether recent cases on the matter are effectively opening up the way to the implication of good faith.

Outcomes:
After completing the course you will:
  • Understand how the courts have historically interpreted the concept of good faith in English contract law;
  • Know how the general interpretation of implied terms has affected the interpretation of good faith;
  • Understand the significance and implications of the decision in Rainy Sky v Kookmin Bank Rainy Sky S.A. v Kookmin Bank [2011] UKSC 50 for the interpretation of contracts;
  • Consider the factors which should be borne in mind by practitioners when deciphering the extent of any expressed obligations to cooperate in good faith.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Attorney-General of Belize v Belize Telecom Ltd [2009] UKPC 10;
  • Birse Construction Ltd v St David Ltd [1999] EWHC;
  • BNY Corporate Trustee Services Limited v Neuberger Berman Europe Ltd [2013] UKSC 28;
  • BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266;
  • Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38;
  • Mediterranean Salvage and Towage v Seamar Trading and Commerce Inc [2009] EWCA Civ 531;
  • Mid Essex Hospital Services NHS Trust v Compass Group UK & Ireland Ltd (t/a Medirest) [2013] EWCA Civ 200;
  • Rainy Sky v Kookmin Bank Rainy Sky S.A. v Kookmin Bank [2011] UKSC 50;
  • Spencer v Secretary of State for Defence [2012] EWHC 120 (Ch);
  • Trollop and Colls v North West Metropolitan Hospital Board [1973] 2 All ER 260;
  • TSG Building Services plc v South Anglia Housing Ltd ([2013] EWHC 1151;
  • Yam Seng Pte Ltd v International Trade Corp Ltd (2013) EWHC 111 (QB).
Tags:

In this CPDcast, Jeremy Glover, a partner at Fenwick Elliot discusses the recent English judicial treatment of the concept of good faith in contract law.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 7th August 2013

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