Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
authorities definition What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...
Read More
Frustration of contracts under English law: a step-by-step practitioner guide to events, causation, limits, timing, proof, remedies and alternatives (force majeure, sanctions, Brexit, COVID-19)
Published by a
LexisNexis Dispute Resolution expert
Practice notes
Practice Note on frustration
This Practice Note offers a practical steer on assessing whether an unforeseen occurrence has frustrated a contract. It should be read alongside Practice Note: Discharge by frustration. Frustration is a common law doctrine in English law. It brings an agreement to an immediate close where an unexpected supervening event frustrates the bargain, making performance impossible, unlawful or so fundamentally different from what was originally agreed.
Where frustration bites, all future duties under the contract are extinguished. Money paid before the supervening event and discharge can be reclaimed, while sums not yet due cease to be payable, subject to the court’s discretion under the Law Reform (Frustrated Contracts) Act 1943 (LR(FC)A 1943) to permit recovery of expenses previously incurred.
Establishing frustration is notoriously difficult. The doctrine injects uncertainty into contractual dealings, a result the courts regard unfavourably, and so it is applied within narrow limits (The Super Servant Two). For a tabular overview of the key frustration authorities, see Practice Note: Frustration—key and illustrative decisions. Note, however, that each dispute turns on its own facts and therefore will be decided...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
