Duane Morris – Duane Morris London

October 26, 2026October 26, 2026 by Duane Morris

Your Substitution Clause May No Longer Be Enough: New Government Consultation Rethinks Worker Status

By Kian Mellett

Whilst the majority of people who work in the UK are working as employees under a contract of employment, many businesses engage people as self-employed contractors rather than as employees or workers. The distinction in status matters: employees and workers are entitled to core employment rights from Day 1 of engagement, such as the National Minimum Wage, paid holiday and a workplace pension, while the genuinely self-employed are not.

September 9, 2026September 9, 2026 by Duane Morris

“Unforeseeable” Does Not Mean Unimaginable: The High Court Draws a Line on Force Majeure

By Kian Mellett

A dispute arose from the sale of Ukrainian corn after the sellers invoked force majeure when Black Sea Grain Initiative inspections were suspended during the shipment period. The High Court, on appeal under section 69 of the Arbitration Act 1996, considered whether the force majeure event was “unforeseeable,” whether timely notice was a condition precedent to relying on the clause, and how the force majeure and shipment extension provisions interact.

September 4, 2026September 4, 2026 by Duane Morris

Walking Away From a Deal Doesn’t Mean Walking Away From Your Losses – UK Supreme Court

By Kian Mellett

If you cancel a contract because the other side has let you down, can you still claim compensation for what you’ve lost? Even if their failure wasn’t catastrophic enough to destroy the entire deal?

Most people would assume the answer is no. After all, you made the choice to walk away. Surely that’s on you?

The UK Supreme Court has now said: think again.

May 21, 2024May 21, 2024 by Duane Morris

RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance

By Helen Ryan, Trainee Solicitor, Duane Morris LLP

On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.

The appeal centred around the issue of whether a force majeure clause which required the affected party to exercise ‘reasonable endeavors’ to overcome the effects of the relevant event or state of affairs meant that the other contracting party had to accept an offer of non-contractual performance.

Continue reading “RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance”

September 7, 2023August 1, 2024 by Duane Morris

Key Changes from Law Commission’s Final Report of Arbitration Act

On 6 September the Law Commission published its final report and recommendations on reforms to the Arbitration Act 1996. The full report is available here.

Read highlights of the key changes on the International Arbitration Blog.

February 5, 2021February 4, 2021 by Duane Morris

Protests, Prosecutions and Pandemics: Will COVID kill HS2?

By Steve Nichol

The directors of HS2 Ltd must be firm believers of the old adage that no news is good news.

It’s no secret that the project has been beset with controversy right from the start – foremost amongst these being the budgetary underestimates that prompted criticisms of both the government’s procurement model for major infrastructure projects and the competence of those at the helm of the delivery company. So, when the Project was hit with a triple-whammy of bad press last week, those embattled directors and their government supporters must have needed it like a hole in the head. Continue reading “Protests, Prosecutions and Pandemics: Will COVID kill HS2?”

February 4, 2021February 4, 2021 by Duane Morris

Foreign Travel For Holidays From Work During COVID-19 Lockdown

By Nic Hart

Can an employee be disciplined for going on an ‘illegal’ foreign holiday during the current lockdown regime?

The stating point is the current government guidance on travel. Continue reading “Foreign Travel For Holidays From Work During COVID-19 Lockdown”

January 22, 2021January 22, 2021 by Duane Morris

No Jab, No Job: The Murky World of Mandatory Vaccinations

By Nic Hart

The ongoing pandemic has inevitably caused employers to address a significant number of issues regarding employees and working practices. Mandatory vaccination has become an acute and difficult topic in the context of the employment relationship.

As the vaccination program continues to be rolled out across the country, one of the recent issues causing controversy and consternation for employers is the question of mandatory vaccinations for employees. Some businesses such as Pimlico Plumbers and Qantas have been reported as coming out in support of mandatory vaccination policies. Pimlico Plumbers in particular have proposed implementation of a “NO JAB NO JOB” policy and Qantas have advised that they plan to require all international passengers to be vaccinated against Covid-19 as a condition of travel. Continue reading “No Jab, No Job: The Murky World of Mandatory Vaccinations”

January 13, 2021 by Duane Morris

Aqua v. Benchmark: How Not to Settle a Dispute

By Steve Nichol and Matthew Friedlander

In its latest offering, “CLC COVID-19 Claims and Disputes in Construction” the Construction Leadership Council (CLC) predicts that disputes related to COVID-19 are set to rise in 2021. While the optimist may hope that parties will continue to or aim to work collaboratively in order to find workable commercial solutions to claims arising from the global pandemic, the realist knows that such disputes are inevitable. Continue reading “Aqua v. Benchmark: How Not to Settle a Dispute”

January 12, 2021January 12, 2021 by Duane Morris

Implications for 3D Printing and the Auto Industry

For as long as cars have existed, three fundamental truths appeared to be eternal. First, every car contains safety critical components, second these components are mostly metal and third, they are manufactured by one of two methods—stamping or cold forming. These eternal truths always led to an equally durable legal reality, that if the safety critical component fails the manufacturer will be liable to the injured party. It’s hard to think of a more trite and dependable set of principles. But these timeless precepts are about to become disrupted as the automotive industry continues to explore the innovation of 3D printing.

To read the full text of this article by Duane Morris partners Sean Burke and Alex Geisler, please visit the 3DPrint.com website.