News & Events

Commercial Tenants

Frustration of Leases as a Result of COVID-19

Does a Pandemic in the form of COVID-19 give rise to a frustrating event? Andrew Maguire explains where commercial leaseholders stand now the country is in ‘lockdown’ What is frustration of a lease? What constitutes the frustration of a lease? Lord Simon of Glaisdale, in the case of National Carriers v Panalpina (Northern) [1981] AC 675, famously declared that: “Frustration of a contract takes place where there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so significantly changes the nature (not merely the expense or onerousness) of the outstanding contractual rights and/or obligations from what the parties could reasonably have contemplated at the time of its execution that it would…

Covid-19, Commercial during Covid-19, Commercial, News 10 Apr, 2020

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