First, Andrew Chew and Thomas Jones consider in six parts issues that affect the development and implementation of subsea cable projects which present some unique features and risks both for the proposer of the scheme and the contractors undertaking the cable laying and installation. Cable failure after completion is a recognised risk that is insurable and may be affected by the LLMC Convention. As the article makes clear, there is uncertainty in the UK, Singapore and Australia as to how exclusions of consequential loss provisions will be interpreted and, in particular, whether the courts in those common law jurisdictions will depart from the long accepted position that indirect (or consequential loss will be limited to second limb Hadley and Baxendale losses. The article also considers the framework for the right to lay cables in extra territorial waters in the areas under consideration.

On 1 October 2016, the long awaited reforms to the French Civil Code will come into effect. These changes are the most significant since the Civil Code was enacted in 1804. The effect of these reforms on 
the Construction Industry is considered by Peter Rosher in the second article in this edition. One important change is the codification of the “theorie de l’imprevision” which approximates to defined relief in circumstances which amount to unforeseen circumstances at the time the contract was entered into and so bears some similarity with the common law doctrine of frustration. It is more permissive as it allows renegotiation where prices have changed significantly. As the doctrine will only apply where the parties have not made provision for the risk, it remains to be seen how significant the application of this now codified doctrine will be. The area where French Law diverges significantly is in the acceptance of good faith as a guiding principle that also applies to contractual negotiations and readers of the