The unprecedented sanctions imposed on Russia by the international community in the wake of the invasion of Ukraine have had a significant impact on international commercial relationships. Where the performance of contractual obligations may be affected by sanctions, contracting parties are having to look carefully at the force majeure (FM) provisions in their contracts, just as they did as the global impact of the pandemic developed.
Two recent decisions of the High Court, in actions involving high-profile parties, shine a spotlight on the duties of both parties and their legal representatives when it comes to disclosure.
In Farrar and another v Miller, the Court of Appeal upheld a decision that solicitors could not continue an action that had been assigned to them by their client: “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” (Paragraph 51, judgment.)
