Brexit Frustration: Settling Contractual Disputes

In the build up to the United Kingdom leaving the European Union, Brexit and uncertainty have almost become indistinguishable nouns. This post sets out what is frustration to show why it might be argued by parties post-Brexit to escape contractual obligations. It then moves on to discuss the likelihood of parties successfully invoking the doctrine. While those chances of escaping contractual obligations are small, leaving most parties to settle their dispute privately without incurring litigation costs, it considers why it is likely that some cases might come before the courts.