Add a bookmark to get started

Abstract building
11 October 20222 minute read

Energy and Natural Resources Case Law Update - Issue 8

In this update we consider English energy sector court decisions made in the first half of 2022. That was a period in which the world was emerging from COVID-19-related restrictions, whilst at the same time having to respond to the Ukrainian conflict and its consequences.

Inevitably the energy markets have had to react, government energy policies around the world have had to (and will continue to) respond and energy businesses face new challenges. Understanding legal developments which affect the energy and natural resources sector is vital if those challenges are to be met and overcome.

Against that background, in this 8th edition of the E&NR Case Law update, we summarise key cases relevant to actors in the E&NR sector from the period January – June 2022. The cases in question include issues such as the circumstances in which a force majeure clause can be validly invoked to terminate a contract, the scope of banks’ and financial institutions’ Quincecare duty of care to customers, the factors the English courts will consider when determining whether a signed heads of terms will be enforceable, whether a significant delay will be an automatic bar to anti-suit proceedings, whether a party to an option agreement will be entitled to payment or compensation where the circumstances expressly contemplated under the agreement have not occurred, and in what circumstances the English courts will intervene in the decision-making of an energy regulator.

If the topics covered give rise to any questions, please do not hesitate to contact us to discuss further.

Read the publication as a PDF