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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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