"Brexit" – An Excuse For Non-Performance?

The recent case Sanderson Ltd v Simtom Food Products Ltd (February 2019) is of interest, particularly for suppliers of software solutions and support, and their clients. It is particularly important in environments such as that in the Isle of Man where there are sometimes insufficient resources to fully record the parties' understandings both initially and during the course of projects as they unfold.

In the Sanderson case, the parties entered into an agreement as long ago as November 2014 for a project involving the supply of software and support. The supplier's proposal was outlined in some detail but, as is quite common in such arrangements, there was to be a review of the client's business and its requirements with a view to the preparation of an implementation plan.