Don't Let the (volcanic) Dust Settle on Contract Terms, Advises Lawyer

The dust may have settled a little – for now – on the volcanic ash catastrophe, but businesses should see the crisis as an opportunity to consider how they could be adversely affected by events not of their own making.

That's according to Giles Searby, a partner in dispute resolution at Halliwells LLP in Sheffield, who warns that unlike most continental jurisdictions, English law does not allow for the doctrine of force majeure, or literally 'greater force'.

This excuses liability if an unforeseen event beyond the control of a party prevents it from performing its obligations under contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties - such as suppliers and subcontractors - to perform their obligations to the contracting party.