Energy and Natural Resources Case Law Update - Issue 4

The period July to December 2019 seems a long time ago, given that it was before the world was faced with COVID-19. Already, the impact on the Energy & Natural Resources (E&NR) sector is being felt, perhaps most obviously in the decline in the oil price.

Our clients are understandably focused on (amongst other things) force majeure clauses and frustration (helpful analysis of which can be found here). However, what is apparent from the process of advising on those issues is that in times of difficulty it is increasingly important to understand the full spectrum of contractual rights and remedies, and to be able to rely on effective, well drafted contracts.

With that in mind, in this fourth edition of the E&NR Case Law Update we focus on cases from the last six months of 2019 which – even where they did not directly concern the energy sector – are of general application to the drafting and management of contracts by E&NR businesses, particularly where those businesses are:

• involved in long term contracts;
• involved in the operations of subsidiaries through corporate reorganisations or acquisitions;
• parties to arrangements which have an effect on third party rights; or
• reviewing decisions which involve the assessment of environmental impacts.

Read the publication as a Z mag