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Listen "#30 Force Majeure - Covid in the Courtroom"
Episode Synopsis
A little over two years ago, Covid swept across the world for the first time, swiftly followed by law firm bulletins addressing the question of "What is Force Majeure?". Two years on, one of the earliest examples of alleged Force Majeure caused by Covid is subject to a High Court Judgment.
The parties had agreed a contract for the sale of a ship. Due to Covid restrictions, the sellers could not get the ship into the port at which delivery was anticipated to take place. The buyer alleged force majeure, and sought a return of the deposit. The sellers denied that force majeure applied, and claimed that they were entitled to maintain the deposit (plus other sums).
Luke and Calum discuss the principles of "Force Majeure" and the construction points that the Judge considered in reaching a Judgment.
Thank you for listening, and please like/share/subscribe.
Case citation: NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 (Comm)
The parties had agreed a contract for the sale of a ship. Due to Covid restrictions, the sellers could not get the ship into the port at which delivery was anticipated to take place. The buyer alleged force majeure, and sought a return of the deposit. The sellers denied that force majeure applied, and claimed that they were entitled to maintain the deposit (plus other sums).
Luke and Calum discuss the principles of "Force Majeure" and the construction points that the Judge considered in reaching a Judgment.
Thank you for listening, and please like/share/subscribe.
Case citation: NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 (Comm)
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