News & Events

Force Majeure

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

Frustration, Force Majeure, Material Adverse Change and COVID-19 in England, the DIFC and ADGM

Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses Read the full guidance…

Covid-19, Commercial during Covid-19, Commercial, News 1 Apr, 2020

Frustration, Force Majeure and Material Adverse Change

Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact of Covid-19 is enormous but the pandemic will also have profound short and long-term economic effects. In response to various enquiries over the last few days, Andrew and Saaman have constructed a guidance note looking at some key elements in construing Force Majeure (FM) clauses and the common law doctrine of frustration before considering Material Adverse Change (MAC) clauses. Whether Covid-19 and the global response to it fall within FM or MAC…

Covid-19, Commercial during Covid-19, Commercial, News 30 Mar, 2020

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