Force majeure clause analysis—a practical guide

Copyright © 2025 LexisNexis
Published by a LexisNexis Dispute Resolution expert
Practice notes
COVID-19

Force majeure clause analysis—a practical guide

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
COVID-19
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This Practice Note provides a step-by-step process for analysing and invoking a Force majeure clause. It must be read in conjunction with Practice Note: Force majeure—consequences and contract discharge.

This illustration indicates the steps involved in determining the effective use of a force majeure clause:

Stage 1—is there a force majeure clause?

There is no legal concept in English Law of ‘force majeure’ (contrast this with countries which apply a civil code specifically recognising force majeure, eg France). Therefore if your Client wishes to avoid or limit their liability because of an inability to perform caused by an event such as, eg the coronavirus (COVID-19) pandemic (as was seen in 2020) or the imposition of financial Sanctions against Russian entities and individuals/impact of Russia’s invasion of Ukraine in February 2022, then you will need to check that the relevant agreement contains a force majeure clause.

For guidance on breaching contractual terms due to financial sanctions more generally, see Practice Note: Breach of contract—damages and termination (statutory controls in breach cases).

As with any contractual

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Force majeure definition
What does Force majeure mean?

An unexpected and exceptional event that allows one party to terminate the contract without being liable for damages.

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