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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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