Force Majeure Clause in UK Contracts: What It Means & Example Wording

When to Include a Force Majeure Clause

• In long-term commercial contracts where unforeseen events like pandemics, natural disasters, or government action could prevent performance
• In supply chain and manufacturing agreements where disruption to raw materials or transport is a real risk
• In international contracts where political instability, sanctions, or export restrictions could affect delivery

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Force Majeure Clause Enforceable in the UK?

Force majeure clauses are enforceable in the UK, but only to the extent of their precise wording. English courts interpret them strictly. In the landmark COVID-19 era cases, courts confirmed that a pandemic would only trigger a force majeure clause if 'pandemic' or 'epidemic' was listed as a qualifying event, or if the clause used sufficiently broad catch-all language. The party relying on the clause must show that the event was beyond their control, that it prevented (not merely hindered) performance, and that they took reasonable steps to mitigate the impact.

Common Mistakes

• Using a vague catch-all without listing specific events — courts prefer a defined list of force majeure events and may interpret catch-all language narrowly
• Failing to include notification requirements — the affected party should be obliged to notify the other party promptly and provide evidence of the event
• Not including a long-stop termination right — without one, the contract may remain in limbo indefinitely during a prolonged force majeure event