J Lauritzen AS v Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd’s Rep 1

Frustration: When can a construction contract be frustrated?

Proving that a contract is frustrated is never an easy task. The chances of success are dependent upon the facts of the particular matter, but assistance can be found in the case law, as Jennie Jones and Thomas Booth find out The primary way of recovering monies as a result of frustration is pursuant to …

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Student lettings: Frustration and the pandemic

David Schmitz considers instances in which it could be argued that Covid-19 has caused the frustration of some leases and other contracts for student lettings Lettings of student accommodation may sometimes be frustrated where Covid has made in-person learning impossible for a large part of the term of the letting. In National Carriers Ltd. v …

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Coronavirus job retention scheme: Furloughed employees and frustration of contracts

Howard Hymanson considers whether employers could successfully argue that Covid-19 has frustrated their contracts with employees and what the position is when they have put staff on furlough leave ‘The coronavirus and its impact on society and the economy is an extraneous change of situation which is taking place without employers or employees being to …

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Costs: Mental capacity and retainers

Paul Jones examines what the position is when a client loses capacity part way through proceedings ‘If the claimant solicitors had been acting without authority, the fact that the defendant had dealt with them on the basis of their ostensible authority would not give rise to any form of estoppel on the defendant.’ In many …

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