One of the most intriguing shows we've recorded. In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males.
From Venezuela’s collapse to global pandemic and then onto horrific war in Ukraine - force majeure clauses and sanctions have been under the spotlight.
Indeed it’s fair to say that we’ve lived and breathed these very issues assisting clients for the last few years. We now have a case to discuss squarely on point.
It is a SPLIT English Court of Appeal decision. It could go higher. The decision is very important in understanding, or reaffirming, how to approach force majeure clauses.
Will it be confined to its own facts or is there a floodgates possibility? Luke and Calum debate that.
Is there now a practical way of dealing with banks cautious of sanctions risk and making international money transfers in other currencies? Calum and Luke want to know - do YOU agree with the majority?
Big takeaways for drafting FM clauses moving forward.
Check out our YouTube channel for the podcast video: Case by Case Podcast - YouTube
