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ARTICLE · 30 OCTOBER 2024

A Competitive Hedge!

The article explains the legal considerations under English law for recovering hedging losses in commodities contracts, emphasizing the importance of evidence, mitigation, and recent case law, particularly for sophisticated traders.

United KingdomCorporate/Commercial Law

Recovering hedging losses in commodities contracts

Producers, sellers and buyers of commodities all live with price risk, where prices fluctuate between the time of sale and the time of delivery. Price fluctuation can be particularly dramatic when there are unforeseen market or world events.

To guard against these risks, traders regularly hedge their positions. Where a counterparty defaults, how does the law treat hedging losses and which losses are legally recoverable? Firstly, let us try to simply define hedging.

What is hedging?

As we have said, the principle of hedging is to protect oneself against market price fluctuations. One might limit potential profits but also losses.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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