Litigation Notes

Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance

High Court decision considers force majeure and sanctions issues

The High Court has allowed a summary judgment application in relation to a breach of contract claim, finding that there was no realistic prospect of the …

Commercial litigation podcast series – Episode 19: General update

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

Commercial litigation podcast series – Episode 16: General update

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause

Party entitled to rely on force majeure clause where counterparty's parent company became subject to US sanctions

Commercial litigation podcast series – Episode 12: General update

High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights

Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure

High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic

The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due …