Posts from Farrer & Co

Can a force majeure be overcome by reasonable endeavours?

Force majeure (FM) clauses in commercial contracts are currently receiving more judicial attention than they have for many years. International sanctions, extreme weather conditions and a global pandemic have caused huge uncertainty and led many parties to seek to rely on FM provisions in their contracts. The scope of the protection provided by a FM … Continue reading Can a force majeure be overcome by reasonable endeavours?

Catch me if you can: new gateway for serving third party information claims out of the jurisdiction will help unravel complex frauds

Amendments to the Civil Procedure Rules 1998 (CPR) from 1 October 2022 mean that it should become more straightforward to seek information orders against non-parties to litigation located outside England and Wales.

It’s not easy being green

The Frankfurt offices of Deutsche Bank and its asset management unit, DWS, were recently raided by the German police investigating claims of greenwashing. Within days, DWS’ chief executive, Asoka Woehrmann, had stepped down and investigations continue in the US and Germany. Right now, this seems to be an extreme example of how greenwashing claims can … Continue reading It’s not easy being green

What happens when sanctions prevent contractual performance?

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 … Continue reading What happens when sanctions prevent contractual performance?