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PRACTICE NOTES
This Practice Note considers force majeure as it applies in English law and the circumstances in which a force majeure event may cause a contract to come to an end, including burden of proof, interpretation of force majeure clauses (operative verb), procedural requirements and challenging the validity of a force majeure clause. See also Practice Notes: • Force majeure clause analysis—a practical guide • Force majeure—key and illustrative decisions For assistance when giving notice of a force majeure event, see Precedent: Force majeure notice. Force majeure clauses were thrust under the microscope in light of ‘world events’, such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. The 2026 Middle East conflict will likely give rise to more disputes involving force majeure issues, on which see: Force majeure and world events below. Force majeure—meaning and nature The key features of force majeure are: • a 'force majeure clause' is a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event
PRACTICE NOTES
Whether or not reliance on a force majeure clause will be successful depends on the precise wording of the clause and the commercial context of and background to the agreement in which it appears, together with the specific factual circumstances of the alleged force majeure event and claimed resulting impediment to a party’s contractual performance. For further guidance, see Practice Notes: • Force majeure—consequences and contract discharge • Force majeure clause analysis—a practical guide That said, there is some general guidance which may be drawn from the authorities, the key ones of which are listed below. For guidance on the doctrine of frustration, sometimes considered alongside force majeure, see Practice Note: Discharge by frustration. ‘Acts of God’ cases are listed below. Case details and analysis Nature of dispute, key issues considered Event Result ADM Industries Centers Ltd (t/a ADM Israel) v Inerco Trade SA 23 July 2026High Court, B&PCs, Commercial Court (KBD) [2026] EWHC 1873 (Comm) The defendant sellers sold Ukrainian corn to the claimant buyers, to be shipped between 15 April
GLOSSARY
Rules directing that a certain portion of an individual’s estate should pass to protected heirs, typically children, surviving spouse and other relatives. Forced heirship rules apply irrespective of the terms of the deceased’s Will. Forced heirship is a feature of the succession legislation of most civil law and Islamic jurisdictions.
PRACTICE NOTES
Forced heirship arises when children or close relatives of a deceased are entitled as of right to a share of the deceased's patrimony (in broad terms, the estate after adding back any lifetime gifts), irrespective of the deceased's wishes. England and common law jurisdictions generally have put very few restrictions on testators, whereas civil law jurisdictions (based on Roman law) require testators to make provision for their immediate family. In some countries (eg France), forced heirship rules are mandatory in the sense that part of the estate is automatically reserved to the relevant forced heirs, whilst in other countries (eg Germany, Italy and Switzerland) the forced heirs simply have a claim against the beneficiaries under the will. Which succession laws apply will be decided differently by different jurisdictions depending on the connecting factor accepted and used by that jurisdiction. Which connecting factor that applies is a matter for the conflict of laws or private international law rules of that particular jurisdiction. For information on English private international law rules,
NEWS
Law360, London: On 1 December 2024, a BBC investigation revealed that certain tomato purees sold by UK and German retailers likely contain, despite having ‘Italian’ in their names, Chinese tomatoes.
NEWS
Law360: An English appellate court's landmark findings that the National Crime Agency (NCA) misunderstood the UK's anti-money laundering powers could cast greater scrutiny on the extent of illicit goods flowing through companies' supply chains, lawyers say.
PRACTICE NOTES
This Practice Note explains the circumstances in which a forced marriage protection order (FMPO) may be made under Part IVA of the Family Law Act 1996 (FLA 1996), who may apply for one and the orders that may be made, including the orders issued as part of the standard orders project. It sets out the procedure for applying for a FMPO and the rules regarding service of a FMPO. It explains the offences of forced marriage. The procedural rules relating to FMPOs are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 11 and the supporting practice direction FPR 2010, PD 11A. FPR 2010, PD 11A contains provisions regarding notification to the police of an FMPO. What is a forced marriage? A forced marriage is a marriage that takes place without the full and free consent of both parties. Forced marriage is defined in FLA 1996, s 63A(4)–(6), which provides that a person (A) is forced into a marriage if another person (B) forces A to enter into a marriage (whether with B or another
PRACTICE NOTES
This Practice Note considers the issue of confidentiality when making an application for a forced marriage protection order (FMPO). It also reviews the court’s powers to direct that evidence may be withheld and the guidance given by the courts on the question of disclosure. Confidentiality If the applicant does not wish to reveal their address or the address of anyone mentioned in the application form to the respondents then the addresses should not be given and Form C8—Confidential contact details should be completed. In cases involving honour, families may go to great lengths to ascertain the whereabouts of the applicant. Care needs to be taken to protect confidential addresses, telephone numbers and other details to ensure the safety of the parties, the children, and potentially any foster carers and social workers. Courts must think very carefully about how they store confidential information and who has access to it. Solicitors acting for clients in relation to an FMPO should consider who has access to their files as well as where proceedings should be issued. Withholding
GLOSSARY
Forcible entry describes entering land or buildings without lawful authority using force, threats, intimidation or other conduct overriding the occupier’s will. It commonly arises in criminal law, landlord and tenant disputes, repossessions and protest or trespass litigation.Historically, “forcible entry” was a standalone criminal offence in England and Wales and in Ireland, but most old common law and statutory offences have been repealed or replaced by modern offences (for example, criminal damage, burglary, aggravated trespass or violent disorder). Northern Ireland has similar modern offences rather than relying on historic forcible entry laws. In Scotland, the concept appears mainly through common law breach of the peace, malicious mischief and statutory protections for residential occupiers; there is no single codified “forcible entry” offence.Across the UK and Ireland, the term is now largely descriptive rather than a technical label, but it remains relevant when assessing whether entry was lawful, whether reasonable force was used (for example by enforcement officers, police or mortgagees), and whether civil remedies such as injunctions, interdicts, possession orders or damages for trespass and harassment are available.
GLOSSARY
Forcible transfer describes moving individuals or populations from their homes or territory against their will, through physical force, coercion, threats or other forms of compulsion, rather than genuine consent. It is most commonly encountered in international criminal law and international humanitarian law, including in the context of armed conflict, occupation and ethnic cleansing. In UK and Irish legal practice, the term appears primarily in relation to international offences such as crimes against humanity and war crimes. It is reflected in instruments such as the Rome Statute of the International Criminal Court, implemented domestically (for example) by the International Criminal Court Act 2001 (England and Wales and Northern Ireland) and the International Criminal Court (Scotland) Act 2001, and in Irish implementing legislation. Key legal features typically include: (1) removal of protected persons from an area where they are lawfully present; (2) absence of valid, freely given consent; and (3) a coercive environment created by state or organisational policy. Usage and core meaning are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the precise wording and scope derive from the particular international or domestic legislation being applied.
NEWS
The Mayor of London, Sadiq Khan, has stated that, according to a forecast based on a City Hall analysis of information provided by Savills, rents in London could increase by up to 19% over the next five years, which amounts to, on average, £370 extra per month. To avoid this, Khan has emphasised the importance of the government giving him powers to introduce rent controls in London and set up the London Private Rent Commission which would be responsible for designing and implementing the rent controls. In addition, he has called for powers to freeze private rents in order to protect renters from the ongoing financial impact of the coronavirus (COVID-19) pandemic.
GLOSSARY
IP rights created during collaboration and research & development projects. Foreground IP can include IP rights which are developed wholly because of and during the project, and rights which are developed substantially as a result of the project.