HC Deb 20 May 1941 vol 371 cc1387-8
44. Sir H. Williams

asked the Attorney General whether his attention has been drawn to the recommendations of the Lord Chancellor's Law Revision Committee (Cmd. 6009) on the doctrine of frustration; and whether, in view of the recommendations of this Committee that an appropriate proportion of a premium on an unexpired frustrated policy should be refunded, he will take steps to put this recommendation into force?

The Solicitor-General (Sir William Jowitt)

Legislation on the lines of this Report was, as was stated to the House, in contemplation when war broke out. Since then legislation has been directed to war problems, and some of this legislation— e.g., the Landlord and Tenant (War Damage) Act—dealt with a somewhat similar issue to that raised by frustration. The Committee's proposals, if adopted, would effect a general alteration in the Common Law. The Government are, however, reconsidering the matter to see whether it would be right to submit a Bill to Parliament on the lines of the Committee's Report. The recommendations are not, of course, confined to contracts of insurance and undoubtedly require reconsideration in the light of the interference with contracts which war conditions bring about.