In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force majeure implications of a potential second wave of COVID-19 infections and the resulting re-imposition or tightening of lockdown measures. Many contracting parties have already been affected by force majeure events arising out of the pandemic and the associated restrictions. … Read more
With a global pandemic causing unprecedented uncertainty for businesses, it has never been more difficult for the directors of UK companies fully to discharge their duties – and the risks when they do not do so have never been higher. Members of our contentious and non-contentious UK Restructuring, Turnaround and Insolvency team have considered the … Read more
The High Court has held that the London riots of 2011 did not give rise to a force majeure defence to claims for failing to secure a warehouse from break-ins and arson attacks. Nor did the claims fall within an exclusion clause relating to indirect or consequential losses: 2 Entertain Video Ltd v Sony DADC … Read more
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 and the price war between Russia and Saudi Arabia. This briefing published on our website looks at the implications of low oil prices on certain key trading and operational agreements … Read more
The COVID-19 pandemic has led many commercial parties to review their contractual arrangements and consider whether there are any grounds on which they may seek to delay or avoid performance (or liability for non-performance), or suspend or terminate their contracts. Force majeure clauses are intended to address circumstances in which a supervening event has prevented … Read more
Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions. The guide explores issues around: maintaining the links in the supply chain; competition law issues; product-related issues; and the suspension and termination of contracts. In each area, the guide suggests practical steps to consider … Read more
In this second episode of our series of commercial litigation update podcasts, we look at the impact of the COVID-19 pandemic on commercial litigation in the English courts including: the move to remote hearings; other ways in which the litigation process has been affected; and the sorts of commercial disputes the crisis is likely to … Read more
As many countries contemplate an easing of COVID-19 lockdown restrictions following a downturn in cases, scientists and politicians are warning of the possibility of a “second wave” of COVID-19 cases which would then require a re-imposition of restrictions. We are already seeing this in certain Asian countries. The prospect of a second wave will have … Read more
As well as the human cost of COVID-19, the pandemic has led to unprecedented disruption to both daily life and business activity on a global scale. With seemingly no industry or sector immune from the commercial and economic effects of the outbreak, businesses are facing huge challenges on a day-to-day basis. First and foremost is … Read more
