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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
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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