Throughout the pandemic in 2020, many contracts have come under pressure and parties have had to consider whether their obligations have been suspended by Force Majeure. As claims take a long time to get to court it may be some time before any big force majeure claims arising from the pandemic result in a noteworthy judgment. However, applications (such as for an injunction or summary judgment) get to court more quickly, and some of these have recently resulted in judgments. Here is a short summary of key points that have arisen in judgments considering force majeure since the start of the pandemic.
To help organisations navigate force majeure clauses for themselves, and consider other options that might be available to them when trying to manage distressed contracts, Burges Salmon has developed a ‘Distressed Contracts Toolkit’ App. If you would be interested in trialling or using the App please do get in touch with your usual Burges Salmon contact.
1 January 2021 will bring changes affecting IP rights in the UK. In our article, we cover key changes, frequently asked questions and how we can help you