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06 December 2024 / Gustavo Moser
Issue: 8097 / Categories: Features , Procedure & practice , Contract
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Force majeure: steering through uncertainty

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Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses
  • Tailored protection: customise force majeure clauses for optimal coverage in unforeseen circumstances, safeguarding against potential losses.
  • Clear accountability: define triggers and obligations to enhance contract management, eliminate ambiguity and ensure accountability.
  • Strategic legal choice: select a suitable legal framework for effective enforcement, protecting parties’ intentions and enabling efficient dispute resolution

In the midst of worldwide uncertainties such as the pandemic, armed conflicts, financial upheavals, natural calamities and trade restrictions, force majeure (FM) clauses have sparked the interest of the legal community. These unforeseen events, whether detailed in contracts or enshrined in statutory laws, are now critical considerations for practitioners and decision-makers alike.

Against the backdrop of the volatile economic and geopolitical scene, crafting an FM clause with precision is key to building a robust contractual base. This strategic approach is particularly indispensable for entities venturing through turbulent industry sectors and territories that are known to be susceptible to sudden disruptions and uncertainties (geopolitical instability, economic

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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