Podcast Location:
Download it here [file size: 23.8 MB]
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
Shipping, Maritime & Trade
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 maritime practitioners and is concerned the with reasonableness of particular clauses in common usage in commercial shipping agreements. The podcast first aims to review the Unfair Contract Terms Act 1977 and its scope before going on to see how the statute and prior case law was applied to the case of Rohlig (UK) Ltd v Rock Unique Ltd (2011) in the Court of Appeal and what the decision means for commercial disputes in the future.

Outcomes:
After completing the course you will:
  • Understand the the concept of reasonableness under the Unfair Contract Terms Act 1977;
  • Know the purpose of the Act;
  • Know when reasonableness is to be assessed and what factors are relevant;
  • Be aware of the types of contractual terms frequently subject to challenge under the Act;
  • Have reviewed the previous judicial analysis of the reasonableness of several terms contained in BIFA’s standard terms and conditions;
  • Know the usefulness of applying previous authorities on whether particular terms were reasonableness;
  • Know the facts and issues in Rohlig (UK) Ltd v Rock Unique Ltd;
  • Be aware of the likely circumstances where unreasonableness might arise against BIFA standard terms.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Sources and References:
  • Unfair Contract Terms Act 1977;
  • Rohlig (UK) Ltd v Rock Unique Ltd [2011] EWCA Civ 18;
  • Schenkers International Deutschland GmbH v Overland Shoes Ltd [1998] All ER (D) 50;
  • Granville Oil & Chemicals Ltd v Davis Turner & Co. Ltd. [2003] EWCA Civ 570;
  • Cover Version Ltd v DHL Logistics (UK) Ltd (unreported);
  • R W Green Ltd v Cade Bros Farm (1978) 1 Lloyds Rep 602;
  • Frans Maas (UK) Ltd v Samsung Electronics (UK) Ltd [2004] EWHC 1502.
Tags:

This podcast is about the recent Court of Appeal decision in Rohlig (UK) Ltd v Rock Unique Ltd (2011) and its impact on the reasonableness or otherwise of two types of common clauses in commercial shipping agreements: no set-off and time-barring clauses.

Podcast added: 13/07/11

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