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01 August 2013
Issue: 7571 / Categories: Case law , Law digest , In Court
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Great Elephant Corporation v Trafigura Beheer BV and other companies [2013] EWCA Civ 905, [2013] All ER (D) 315 (Jul)

It was settled law that a force majeure clause had to be construed in accordance with its own terms. A force majeure clause was an exceptions clause and any ambiguity had to be resolved against the party seeking to rely on it, and the concept of being “beyond [a corporate person's] control” set a comparatively high hurdle since corporations usually did have a significant measure of control over their own business.

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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