Partners Fiona Teague and Jonathan Smart look at force majeure and the legal and practical challenges of emerging from lockdown in this short LexisNexis® Brief bitesize webinar.
In particular, they consider:
- the consequences of lockdown being released: ‘they think it is all over?’ Is it now?
- resumption and timing of performance of contracts: Is performance still prevented, hindered or delayed? What next?
- what about notices and other contractual requirements?
- how risky is the emergence from lockdown into partial lockdown?
- dealing with your contracts: have any terminated? What about new terms or variations to contracts to reflect the new commercial landscape?
- what mitigating steps to take (including mitigation of loss)
- the need to keep good records, be prepared for any future spikes, apportion risk and future-proof contracts
- the non-statutory guidance published by the UK Government and the Corporate Governance and Insolvency Bill (and its effect on termination provisions on insolvency)
- a number of top tips on how to emerge successfully from lockdown and avoid being sued for non-performance
Watch the video here. Things are changing all the while so do get in touch with Fiona or Jonathan if you’d like any further insight or updates.