Podcast Location:
Download it here [file size: 23.9 MB]
Categories:
Corporate & Commercial Law
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 is aimed at commercial and civil litigation practitioners interested in keeping abreast of recent developments within contract law. It examines the different types of endeavour clauses and the uncertainty surrounding their use in commercial contracts. The podcast also addresses the principles that have been developed in landlord and tenant disputes concerning the phrase ‘consent not to be unreasonably withheld’ and how it may be applied in commercial cases. Finally it analyses the insertion of good faith obligations into commercial contracts before providing some advice concerning the use of these obligations.

Outcomes:
After completing the course you will:
  • Have examined the Court of Appeal’s decision in the Jet2.com case in relation to the use of endeavour clauses;
  • Understand what it means for ‘consent not to be unreasonably withheld’ in the context of a requirement to obtain a party’s consent in a Share Purchase Agreement;
  • Have considered the implications of inserting good faith obligations into commercial contracts and the importance of such obligations.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Berkeley Community Villages Ltd and another v Pullen & others [2007] EWHC 1330 (Ch) ;
  • Compass Group UK and Ireland Ltd v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB);
  • Trevor Horn & Ors v Commercial Acceptances Ltd [2012] EWCA Civ 958;
  • International Drilling Fluids v Louisville Investments (Uxbridge) Ltd [1986] Ch 513;
  • Jet2.com v Blackpool Airport Ltd [2012] EWCA Civ 417;
  • Manifest Shipping Company Ltd v Uni-Polaris Ltd and others [2001] UKHL 1;
  • Porton Capital Technology Funds and others v 3M UK Holdings Ltd and another [2011] EWHC 2895 (Comm).

In this podcast, Peter Church, a solicitor from Linklaters discusses recent developments within contract law focusing in particular on the use of endeavour clauses in commercial contracts, how the phrase 'consent not to be unreasonably withheld' should be used in the commercial context and the insertion of good faith obligations into commercial contracts.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 17th October 2012

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