Litigation Notes

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 …

Commercial Court finds buyer entitled to repayment of advance payment where delivery prevented by force majeure

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

When events intervene: Force majeure, frustration and material adverse change

Catalyst // Pressure Points: Disputes risks - new guide on dispute risks arising out of the Covid-19 pandemic

Herbert Smith Freehills has published a new guide exploring a number of areas in which we anticipate that disputes may arise around the globe as a result …

Our new publication: Covid-19 Contract Disputes Guide

COVID-19: Our new quick reference tool to help assess the availability of force majeure relief under English law

New COVID-19 podcast - Force majeure considerations in a potential second wave of COVID-19

In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force …

High Court finds claim for lost profits arising from damage caused by London riots not prevented by force majeure or exclusion for indirect or consequential loss

Low oil price - high disputes risk: The scope for disputes in a world of low oil prices

Oil prices have collapsed since the start of the year, driven down by concerns around oversupply, compounded by the collapse in demand caused by COVID-19 …

Our new publication – COVID-19: Force majeure: A global perspective