Menu
Contact Us
My Post 3 1024x537 - Ensure your contract does not force a majeure problem for your business…
image placeholder - Ensure your contract does not force a majeure problem for your business…

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

Congleton Family Solicitors

The claims process can seem daunting for anyone recently diagnosed with an asbestos related disease. Poole Alcock Solicitors can help you through every step.

Read More

Poole Alcock Solicitors

Pleural Thickening is fibrous damage to the pleura (outer lining of the lungs), which causes the pleura to become thickened. This disease is often caused as a result of exposure to asbestos.

Read More

Poole Alcock Solicitors

Asbestosis is fibrosis within the lung caused by exposure to asbestos. Our specialist solicitors are on hand to guide you through the claims process.

Read More

Poole Alcock Solicitors

Mesothelioma is a tumour in the pleura (lining of the lungs) or the peritoneum (lining of the abdominal cavity). Contact us today to discuss the fast track claims procedure.

Read More

Poole Alcock Solicitors

The risk of contracting asbestos related lung cancer is related to the level of exposure to asbestos. Poole Alcock Solcitors can help you determine if you have a claim.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

Wills

Our full administration service gives you peace of mind knowing that our professional expert solicitors are ealing with the administration and distribution of your loved one's estate.

Read More

Wills

Poole Alcock Solicitors offer a grant only service for executors wishing to carry out the administration of the estate themself

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

Poole Alcock Solicitors

At Poole Alcock, our expertise in this sector has allowed us to help clients from all walks of life to resolve contentious probate disputes quickly and cost effectively.

Read More

Poole Alcock Solicitors

Poole Alcock solicitors are experienced in challenging Wills and can help you to make a claim for maintenance under the Inheritance Act.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

At Poole Alcock, our solicitors are highly experienced at helping clients preserve their assets. We will assess the best way to manage the risks of what you or your family have worked hard to achieve and limit your exposure.

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

At Poole Alcock, we will work with you to identify all of your assets, discuss your wishes and advise you on the best steps to minimise a potential inheritance tax bill.

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

With Poole Alcock Solicitors, the process of making a Will is an easy and affordable one that we can guide you through, drafting it for your approval, making any amendments, and ensuring it is validly signed.

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

If you are concerned that the level of capital you are allowed to keep before you have to fund your own care costs will leave little for you to pass on, the key is to plan ahead.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

You can trust Poole Alcock to advise you or your relatives on the best way to use this important document to plan for the future.

Read More

WILMSLOW OFFICE 008 X2 - Ensure your contract does not force a majeure problem for your business…

If you have an elderly relative who is beginning to suffer from lack of memory and confusion, it is important to talk to them about making a Lasting Power of Attorney as soon as possible.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

settlement agreement

Try our free settlement agreement calculator and you could find out what what you are entitled to in under a minute.

Read More

settlement agreement

Try our free redundancy agreement calculator and you could find out what what you are entitled to in under a minute.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - Ensure your contract does not force a majeure problem for your business…

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

Ensure your contract does not force a majeure problem for your business…

Force Majeure clauses are found in a wide variety of contracts from supply and...

Back to News and Events

Ensure your contract does not force a majeure problem for your business…

30th November 2018

News : Commercial

Force Majeure clauses are found in a wide variety of contracts from supply and distribution agreements to construction contracts, service contracts and even banking and finance agreements. They primarily operate to exclude liability for any losses arising as a result of any circumstances that are outside of a particular party’s control.

The scope of the exclusion of liability in force majeure clauses is often drafted intentionally broadly, with a view to ensuring the widest range of circumstances possible for which the liability of the parties is excluded.

Force majeure clauses do not often appear in case law, but a recent high court case, Classic Maritime Inc v Limbungan Makmur SDN BHD (and others) (2018), serves as a reminder of how important it is to ensure that such clauses are drafted by professional practitioners.

In this case Classic Maritime contracted with Malaysian charterer Limbungan Makmur to carry iron ore pellets from Brazil to Malaysia. The bursting of the Fundao Dam in Brazil in 2015 prevented Limbungan from delivering the iron ore pellets to Classic and Limbungan tried to rely on the force majeure clause to avoid liability for the missed delivery.

In the force majeure clause that court reviewed, the specific language used rendered the clause a “mere exclusion of liability clause”, rather than a “contractual frustration” clause. This meant that Limbungan had to show that “but for” the bursting of the Fundao Dam, they would have made the delivery. In actual fact, they had missed two previous deliveries as well, citing poor economic conditions as the reasons, and so they failed to satisfy the “but for” test.

Crucially, the judgement of the court makes clear that, had the clause been drafted to provide for the termination of the contract as a result of a force majeure event, it would have been deemed to be a “contractual frustration” clause and the “but for” test would not have applied. In that case, Limbungan may have been able to successfully rely on the clause to avoid liability.

Many commentators see this as a significant development in the case law around force majeure clauses. With Brexit just around the corner and the inevitable customs disruption that this will bring, it is likely that many more companies will be trying to rely on such clauses.

For more information about this and our Commercial Law services, please contact Luke Pritchard on 01270 621652 or Jonathan Hill on 01270 621653.

Sign up to our eMagazine

@POOLEALCOCK

It’s Action for Brain injury week and our fabulous lawyers Serena Mawson and Hannah Kelly kindly volunteered with H… https://t.co/vPtB4dhzZh

Posted 22nd May 2019

@POOLEALCOCK

Enjoying a fascinating training course today with @headwayuk learning more about head and brain injuries. Thank you… https://t.co/b0fOvHccO0

Posted 21st May 2019