In an increasingly unpredictable business environment, having well-structured and legally sound commercial contracts is essential. At Scott Bailey LLP, we provide expert commercial contract drafting and review services to help owner managed business across Hampshire, Dorset, and Wiltshire manage legal risks and operate with confidence.
What Are Force Majeure Clauses – and Why Do They Matter?
Force majeure provisions are a common feature in many commercial contracts, even if not explicitly labelled. These clauses offer protection when unforeseen events beyond a party’s control prevent them from meeting contractual obligations. Such events—often referred to as “supervening events”—can include:
- Natural disasters (e.g. floods, earthquakes, or severe storms)
- War or armed conflict
- Government restrictions or legal prohibitions, including sanctions
- Pandemics and public health emergencies
- Industrial actions or labour disputes
A clearly drafted force majeure clause provides certainty by defining which events are covered and setting out what each party must do if such events occur.
Drafting with Clarity and Precision
English law does not provide a universal definition of force majeure, nor is it categorically set out through common law. This places the onus on parties to carefully define the scope and consequences of force majeure within their contracts. At Scott Bailey LLP, our experienced solicitors work with you to draft robust provisions tailored to your specific commercial needs, minimising ambiguity, and reducing the risk of future disputes.
Responding to Economic and Geopolitical Disruption
The pressures of today’s global economy—ranging from market volatility and supply chain issues to international conflicts and sanctions—have reinforced the importance of resilient contractual protections. Recent case law confirms that force majeure clauses are interpreted strictly by the courts, based on their wording and the parties’ original intentions. It is therefore essential to ensure your contracts reflect your business risks with clarity and foresight.
Addressing War and Sanctions in Your Contracts
Recent geopolitical developments, such as the war in Ukraine and resulting sanctions on certain jurisdictions, have raised important legal considerations. A force majeure clause can only be relied upon where such events genuinely obstruct performance. Whether or not sanctions or military conflicts are included within the scope of your clause depends entirely on how it is drafted. Our team ensures these provisions are unambiguous and aligned with your commercial reality.
Why Use a Solicitor for Contract Drafting?
Choosing to work with a solicitor offers substantial advantages:
- Legal Expertise: Up-to-date knowledge of commercial law and recent judgments ensures your contracts comply with current standards.
- Risk Management: Provisions are included to anticipate and mitigate potential breaches or disruptions.
- Clarity and Accuracy: Legal drafting that avoids vague or conflicting terms, reducing the risk of misunderstandings.
- Comprehensive Protection: Every relevant scenario is considered, leaving no critical detail overlooked.
- Dispute Prevention: Inclusion of effective dispute resolution mechanisms, potentially avoiding court proceedings.
- Value for Money: Considering the significant monetary risks involved with potential business contract disputes, it makes sense to spend a little early on, to save a lot if the worst should happen down the line. Don’t want for there to be a problem before seeking legal advice.
Why Partner with Scott Bailey LLP?
At Scott Bailey LLP, we bring legal insight and commercial understanding to every contract we draft. Our team is committed to providing down to earth, business-focused advice and drafting services that are both comprehensive and commercially sensible. Whether you’re concerned about force majeure risks or require support across other contractual matters, we’re here to help you safeguard your business interests.
Supporting Businesses Across the South
Based in the New Forest, our commercial contract solicitors work closely with businesses throughout Hampshire, Dorset, and Wiltshire, including those based in Christchurch, Southampton, Portsmouth, Bournemouth, Poole, Salisbury, and Winchester. Our regional experience allows us to offer advice that is both legally sound and commercially relevant to your local market.
Speak to Our Commercial Law Team
If you need support drafting or reviewing your commercial contracts—or wish to understand how best to protect your business from unexpected events—get in touch with Scott Bailey LLP today. We’re here to provide clear, practical legal guidance tailored to your commercial goals.
