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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

10/05/2019

Force Majeure and Causation

In two important recent cases, the English court has clarified its approach to the interpretation of force majeure clauses and causation. Since force majeure clauses are ubiquitous in energy-sector contracts, these cases provide valuable guidance to those drafting such clauses and to parties assessing their rights under them.

The particular causation issues that arose in these cases were: (a) whether causation is satisfied where there are concurrent causes of a failure or inability to perform contractual obligations; and (b) whether a “but for” test of causation should be applied. Useful light is also shed on the obligation to use “reasonable endeavours” to avoid or overcome force majeure.

Read the full article written by Malcolm Jarvis below.

Please note: This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in International Energy Law Review (and on WLUK) as “Force Majeure and Causation” [2019] I.E.L.R. 18 and is reproduced by agreement with the publishers. For further details of International Energy Law Review, please see the publishers’ website.

 

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Malcolm Jarvis
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