Force Majeure in UK Law
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Proving force majeure claims: a difficult enterprise
Two recent English High Court decisions highlight the difficulty in successfully establishing a claim to force majeure. Even if there is no dispute that a force majeure "event" occurred, has it cau...
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Force Majeure: substantial damages even if you cannot perform
In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure ev...
- Force Majeure Clauses
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Coronavirus and Force Majeure in English Law
- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely tha...
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Cross-Post from Global IP & Technology Law Blog: Coronavirus and Force Majeure
Our colleague Paul Jinks at the Global IP & Technology Law Blog explains what you need to know about force majeure clauses under UK law in the context of the Coronavirus outbreak below. Usually f...
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Force majeure claims in future waves of COVID-19: four key actions
As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate hor...
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The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?
International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘bu...
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Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force Majeure and Notice Provisions
Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature o...
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COVID-19: Force Majeure Event?
Following the rapid spread of the novel coronavirus (“COVID-19”) that was first reported in Wuhan, China at the end of 2019, the World Health Organization declared COVID-19 to be a pandemic on Marc...
- Does Your Force Majeure Clause Work?
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