header-logo header-logo

Home Login E-newsletter About us
24 March 2023 / David Langwallner
Issue: 8018 / Categories: Features , Profession , Commercial
printer mail-detail

Frustration by impossibility: come hell or high water

© Copyright LexisNexis 2026. All Rights Reserved.
115792
What would Denning do? David Langwallner reports on frustration by impossibility in modern contract law

Lord Denning was, of course, the greatest of all contractual lawyers, and mitigated the excesses of the law of contract.

This law is primarily individualistic and commercial, with occasional concessions to non-market sensibilities. Lord Denning, in contrast, was the great stalwart of innovation in contract, and by promissory estoppel in particular prevented in effect inequitable contracts and promises from being enforced where there was a state of exceptionalism, such as life during wartime (Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130).

What applies where an unforeseen event makes performance of the contract impossible? And how should a Denning-esque judge react to our present situation? The recent jurisprudential record is not good.

Emergency situations

The doctrine of frustration of contract is designed to cope with emergency situations. In doctrinal terms, if a contract is frustrated, it effectively comes to an end and the parties are released

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Read All
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
Copyright © 2026 LexisNexis
back-to-top-scroll