“It’s Complicated”: Deciphering the English Government’s Response to SARS-CoV-2 and Its Impact on Contracts

In this article, Sean Wilken KC explores how the Government’s Covid‑19 response created a complex “quadripartite” framework of legislation, regulations, guidance and political statements, creating difficulties for businesses to understand their contractual rights and obligations. This blurred line between hard and soft law, particularly where guidance appeared to carry practical legal consequences, generated significant uncertainty around doctrines such as frustration, force majeure, change in law provisions and variation by necessity. Sean highlighted that this had the potential to shift legal and commercial risk onto the private sector, leaving parties unsure whether to prioritise government guidance or their contractual commitments and increasing the likelihood of disputes. 

The full article can be downloaded here.