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CHECKLISTS
Escalating geopolitical conflict, including direct hostilities, regional instability, cyber disruption and shipping route closures can place immediate and complex pressure on contracts in the energy sector. This checklist provides a structured, practical framework for considering how to assess force majeure (FM) risk in an active conflict or war environment and whether FM could be successfully invoked under English law in this scenario. The checklist also illustrates how this analysis interacts with frustration and contractual termination rights and includes some drafting points for parties to consider in relation to future deals in order to address war risks in contractual FM provisions. It is designed for lawyers and commercial teams working across oil and gas, LNG, trading, infrastructure and energy supply chains, where disruption often arises either directly through physical impossibility at the delivery point, or indirectly through upstream or downstream ‘domino’ effects. Its purpose is not only to assess whether a FM claim is viable, but to support informed, risk-aware decision-making in fast-moving conflict scenarios. This checklist addresses FM arising from war-related physical
FLOWCHARTS
War and force majeure—flowchart This Flowchart illustrates the key steps and considerations when assessing whether a party is able to successfully invoke contractual force majeure (FM) provisions in the
NEWS
Law360, London: Major insurers are liable to payout in a multibillion-dollar dispute over hundreds of aircraft stranded in Russia following the invasion of Ukraine in 2022, after a London judge ruled on 11 June 2025 that the jets and engines are officially lost.
NEWS
Insurance & Reinsurance analysis: In this article, Chris Neilson, partner, and Alison Tasker, managing associate at Mishcon de Reya, consider the Commercial Court’s decision upholding insurers’ war and governmental risks exclusion and dismissing a €580 million insurance claim for damage caused to the Nord Stream gas pipelines following the Russian invasion of Ukraine. They explain that loss ‘directly or indirectly occasioned by, happening through, or in consequence of war’ imposes a broader causal test than proximate cause, with war needing only to be a significant contributing factor. The decision is an important reminder that war risks exclusions can reach beyond battlefield losses to damage arising from wider events in the context of a conflict.
NEWS
Law360, London: A group of war-risk insurers can challenge their liability in a multibillion-dollar dispute over hundreds of aircraft stranded in Russia following the invasion of Ukraine, after an appeals court held 31 March 2026 that their appeal had a prospect of success.
PRACTICE NOTES
This Practice Note looks at warehouse financing as a form of structured trade financing, which allows a producer or trader to borrow money, secured against the goods that it owns and which are stored within a warehouse. A typical warehouse finance transaction involves a financier advancing a loan to a producer, as the borrower, and the borrower’s obligations are secured against its goods that are placed in storage. If structured correctly, the financing should be self-liquidating; that is, the loan is repaid using the proceeds from the sale of the secured goods in the borrower’s normal course of business. Alternatively, a financier advances funds to a trader, as the borrower, who uses the funds to acquire goods from suppliers or producers and stores the goods in a warehouse. This structure may be used where a trader of goods has paid its supplier but cannot afford to store the goods received until it has gathered enough for an international shipment. A financier would lend on a revolving basis, with the borrower’s obligations being secured against the goods in the warehouse. The
PRACTICE NOTES
Scope and purpose This Practice Note assists with the review and/or negotiation of a warehousing and transport services agreement. It is intended for use by a lawyer who is representing the customer (most larger suppliers tend to use their own in house teams). It is implicit in much of this Practice Note, reflecting the commercial reality of many of these deals, that the warehousing and transport services agreement under consideration has been drafted by the supplier and is therefore biased in its favour. For a precedent with pro-customer bias, see Precedent: Supply of warehousing and transport services agreement—pro-customer. Sector influences The logistics sector (which includes warehousing and road transport services) is a reasonably mature one and is influenced by a number of prominent trade associations including bodies like the Road Haulage Association (RHA), Logistics UK (formerly the Freight Transport Association (FTA)) and the UK Warehouse Association (UKWA). Many of these bodies have developed standard terms for use by their members (typically suppliers of transport and storage services in
NEWS
Warner Music Group (WMG) has announced a partnership with AI music company Suno, settling previous litigation between the companies. Under the agreement, Suno will launch new licensed AI music models in 2026, while current models will be phased out.
GLOSSARY
A warning is a notice issued out of the nominated registry warning the caveator to enter an appearance to the warning or issue and serve a summons setting out his objection to the sealing of the grant.
NEWS
Tax analysis: In this decision, the First-tier Tax Tribunal (Tax Chamber) (FTT) dismissed an appeal against discovery assessments which disallowed amortisation relief claimed by the appellant company for three types of goodwill acquired from a partnership. The decision examined the applicability of each of the circumstances set out in section 882 of the Corporation Tax Act 2009 (CTA 2009) before concluding none of them had been satisfied. It also provided guidance on the meaning of carrying on a business pursuant to CTA 2009, s 884. Written by Helen McGhee, partner, and Megan Durnford, associate, at Joseph Hage Aaronson LLP.
NEWS
Law360: Industry experts have warned that the government could announce a new levy on employer pension contributions in the upcoming Budget as a means of plugging a £22bn black hole in public finances.
PRECEDENTS
Warning to caveator, Rule 44(5) In the High Court of Justice Family Division [The nominated registry as defined by rule 44(15)] To [name] of [address] a party who has entered a caveat in the estate of [name] deceased. You have fourteen days (starting with the day on which this warning was served