London Solicitors Litigation Association

POSTPONED Material Adverse Effect in a post-pandemic age

Event date: 
Thursday, 13 January, 2022 - 18:00
Non-members price: 

This lecture has been postponed due to Counsel’s work commitments. It will be rescheduled as an “in person” event in the near future and we will revert soon with the new date.

Venue: Hogan Lovells International LLP, Atlantic House, Holborn Viaduct, London EC1A 2FG

Speakers: Sonia Tolaney QC, Sa’ad Hossain QC, James MacDonald and Tim Goldfarb of One Essex Court

This talk addresses the landmark Commercial Court judgment in Travelport & Ors v WEX, Inc ([2020] EWHC 2670 (Comm)), which concerned whether the effects of the Covid-19 pandemic were a Material Adverse Effect entitling the Defendant, WEX, not to proceed with its widely publicised €1.7bn acquisition of two substantial e-payments companies. As the first English judgment to consider the construction of Material Adverse Effect clauses in light of the pandemic, it will have major and wide-ranging ramifications for the many material adverse effect, force majeure and business interruption cases which are anticipated or already in train as a result of the economic impacts of Covid.  The four One Essex Court speakers at this talk appeared on opposite sides (Sonia Tolaney QC and James MacDonald for the defendant, WEX, and Sa’ad Hossain QC and Tim Goldfarb for the claimants), and they will share their unique insight into the case and its implications.         

Please note - in order to receive the member rate, the booking must be made with the Member's LSLA registered email address.  

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Each lecture will begin at 6 p.m., and will last approximately one hour, which will include an opportunity for questions.  The lectures will be followed by an opportunity for drinks and networking.  Materials and, if practicable, a video recording will appear on the LSLA website after the event.