“…s he has done before us) on a line of authority stemming from the decision of the House of Lords in Bremer Handelsgesellschaft mbH. v Vanden Avenne-Izegem PVBA [1978] 2 Lloyd’s Rep 109 and dealing with the prohibition clause in the then current version of GAFTA 100. This was said to establish that it is unnecessary for a party seeking to rely…”
“… need for sellers to establish the ‘but for’ point was ultimately negatived by the House of Lords in Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA [1978] 2 Lloyd’s Rep 109, in particular in the speech of Lord Wilberforce at p.114. It was there held that the words in cl. 21 ‘in case of prohibition of export … preventing fulfilment…”