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COVID-19, force majeure and frustration

20304

Key legal principles and industry implications
Patricia Robertson QC, Ben Lynch QC and Dr Deborah Horowitz, Fountain Court Chambers

Introduction

Around the world right now, companies – especially their in-house counsel – are pulling up from dusty databases the force majeure clauses of contracts. Often boilerplate, they have been rarely considered, because it is rare for an “act of God” or one of the other standard listed events to come up. Yet now, COVID-19 has arrived in full force. At a construction company, someone asks: “We haven’t yet received raw materials from China due to the lock-down and logistics issues: can we rely on the force majeure clause as an excuse for delay in our work?” In the pharmaceuticals sector, a representative poses the question: “Thanks to Trump, sales of Hydroxychloroquine are through the roof, and we’re struggling to satisfy orders: can we refer to force majeure or frustration as regards any failure to supply?” Elsewhere, at a large UK banking corporation, someone has

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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