One impact of Brexit is its effect on commercial contracts. In particular those contacts entered into prior to 23 June 2016, which are unlikely to contain any provision for termination in circumstances where the contract becomes frustrated as a result of the UK leaving the European Union.

The High Court recently gave judgment in the case of Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 (Ch), in which it held that the doctrine of frustration did not apply to a commercial lease. The decision provides an indication of how the courts might apply the doctrine of frustration in future contract disputes.