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force majeurecontrol testsummary judgment
Litasco SA v Der Mond Oil and Gas Africa
[2023] EWHC 2866 (Comm)
Key Principle
A force majeure clause is not engaged where performance (payment) is merely made more difficult by an inability to use particular banking channels rather than genuinely prevented, and 'control' for the purposes of the Russia (Sanctions) (EU Exit) Regulations 2019 requires proof of actual existing influence exercised on a routine basis over the entity, not merely a theoretical or potential capacity to exert influence.
Area of Law
General
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