Energy & Natural Resources

Apache v Marathon [2017] EWHC 2258 (Comm) David Allen QC acting for Apache Corp USA later leading Jason Robinson and Henry Moore succeeded in obtaining an order for an expedited trial before Males J to resolve joint venture partner disputes prior to a long stop date in a purchaser’s put and call option agreement. In […]

[2017] EWCA Civ 9 This is a case in which the Court of Appeal has reaffirmed the autonomy of a letter of credit, and its independence from the underlying transaction to which it stood as security. The claimants Petrosaudi entered into a drilling contract with PDVSA for the performance of drilling services in Venezuela. The […]

[2016] EWCA Civ 1144 The Court of Appeal has dismissed the costs appeal by the litigation funders in Excalibur Ventures v Texas Keystone & Ors. The Claimant, Excalibur, was a shell company with no assets that pursued the Respondents for a share in a oil exploration block in Kurdistan, which Excalibur valued at US$1.6 billion. […]

The Supreme Court has this morning handed down its judgment in the “Res Cogitans” (PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another [2016] UKSC 23). The judgment marks a resounding success for the respondents, OW Bunker Malta Ltd (“OW Malta”) and ING Bank NV (“ING”), who were represented by […]

(1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V. [2015] EWCA Civ 1058 Robert Bright QC and Marcus Mander have again succeeded in proceedings arising out of the collapse of the OW Bunker group – this time with Clara Benn, in an […]

When is a sale not a sale? When it’s OW Bunker (1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V. [2015] EWHC 2022 (Comm) Robert Bright QC and Marcus Mander have won twice over for ING in its proceedings against the PST […]

Members of 7KBW featured on both sides of the dispute in Glencore Energy UK Ltd v Cirrus Oil Services Limited [2014] EWHC 87 (Comm), Robert Bright QC and Sandra Healy represented Glencore and Stephen Kenny QC represented Cirrus Oil Services. Issues of contract formation, the identity of the negotiating parties, and the assessment of the […]

The Commercial Court handed down judgment today dealing with outstanding matters consequential to Clarke J’s judgment which was handed down in summary on 10th September 2013. To view the judgment please click here.

The Commercial Court has handed down the full judgment in Excalibur Ventures LLC v Texas Keystone & ors. To view the judgment please click here.

The Commercial Court has given judgment in Excalibur Ventures LLC v. Texas Keystone & ors, a high profile energy dispute concerning interests in four large oilfields in Iraqi Kurdistan. Excalibur Ventures LLC had entered into a Collaboration Agreement with Texas Keystone and also, it alleged, Gulf Keystone Petroleum Limited, an AIM-listed oil and gas exploration […]

This judgment considers the law on the Sale of Goods Act implied terms of right to sell and quiet possession, and the law on force majeure. Robert Bright QC and Jessica Sutherland acted for Trafigura in its successful appeal from the judgment of Teare J of 27 June 2012. The dispute related to a chain […]

Falkonera Shipping Co. v. Arcadia Energy Pte. Ltd [2012] EWHC 3678 (Comm.) (20 December 2012) David Allen QC led Noel Casey in this case before Eder J. successfully claiming that the Owner of the Falkonera had unreasonably refused Arcadia’s requests to transfer crude oil in a ship-to-ship transfer operation from one VLCC to another VLCC.  […]

Major case. Concerns various Kurdistan oil fields. Set for 10 week trial starting in October 2012. Anti suit-injunction application.  The full judgment can be found here.

Gavin Kealey QC, Head of Chambers at 7KBW, leading Colin West from Brick Court Chambers, instructed by Simmons & Simmons on behalf of Mr Masri, the Claimant, has just secured judgment in the latest instalment of one of the longest running cases in the Commercial Court. This was probably the largest and lengthiest contempt application […]

Jonathan Gaisman QC and Charles Holroyd recently acted in the case of Luxe v Midland, a case which concerned a disappointed buyer’s right to seek proprietary remedies in an international context against the proceeds of sale of a Ukrainian steel group (Zaporizhstal), where it alleged that the seller (Midland) had wrongfully sold to a subsequent […]

[2010] EWCA Civ 697; [2009] EWHC 2267 (Comm) Richard Southern QC and Jessica Sutherland acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended both in the Commercial Court and in the […]

[2010] EWHC 141 (Comm) Richard Southern Q.C. and Alexander MacDonald successfully acted for Glencore in claim for damages for non-delivery of oil under a sale contract.

[2009] 1 Lloyds Rep 107; [2009] 1 All ER (Comm) 556 Gavin Kealey Q.C. led Noel Casey for Shipowners in claim under Shelltime 4 form. Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system […]

[2009] 2 Lloyd’s Rep. 1 Jonathan Gaisman Q.C. and Sioban Healy – The Buncefield Oil Storage Depot was used by a number of oil companies. Starting at 06.01, a number of explosions occurred at the Buncefield Depot. Jonathan Gaisman and Sioban Healy acted for the lead claimants in the litigation in which negligence in the […]

[2008] 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.  

Technology and Construction Court, June 2007 Gavin Kealey Q.C. and Alexander MacDonald acted for the defendant engineering company resisting an application for injunction enjoining company from departing FLAGS Hot Tap Project to carry out work on another North Sea Project.

[2007] 2 All ER (Comm) 924 Simon Picken QC led John Bignall and Josephine Higgs – Interest – Damages – Commercial Cases – Appropriate rate of interest on damages – Case involving foreign currency At a hearing on 29 September 2005 following the Preliminary Issues judgment the Court gave directions for a full trial to […]

[2007] 1 Lloyd’s Rep. 555 Jonathan Gaisman QC and James Brocklebank – Contract – Sale of gasoline providing for independent inspection – Buyer entering into sub-sale with similar provision – Inspection company providing certificate stating “Fuel meets specification” – Doubts raised as to correctness of certificate – Inspection company standing by certificate – Buyer insisting […]

[2005] Lloyd’s Rep IR 569 Jonathan Gaisman Q.C. led Simon Kerr – Reinsurance – Energy risks insured under Open Cover – Reinsurance issued as standing offer to subscribers to Open Cover – Whether brokers’ knowledge of loss prior to acceptance of reinsurance cover was a material fact – Whether reinsurers induced – Whether misrepresentations made […]

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]

[2002] EWCA Civ 251 Peter MacDonald Eggers acted in this matter involving sale of goods; gas oil; CIF; payment of price; section 49 of the Sale of Goods Act 1979.

[2000] 1 Lloyd’s Rep. 612; [2000] 1 All ER (Comm) 940 Stephen Hofmeyr and Peter MacDonald Eggers acted in this contractors all risks insurance matter; construction of production platform, sub-sea drilling centres and pipelines in North Sea; scope of insuring clause. Insurance (Marine) – MAR form – Construction – Insurance provided in respect of Gannet […]

[2001] 1 Lloyd’s Rep. 284; [2001] 1 All ER (Comm) 103 Alistair Schaff Q.C. and Richard Southern; and Stephen Hofmeyr Q.C. – Conflict of laws, application of lex situs to property in moveable goods, proprietary effect of bailee blending stored oil). Conflict of laws – Title – System of law – Defendants engaged in buying, […]

[2000] 1 All ER (Comm) 108;[1999] 2 Lloyd’s Rep. 724 Alistair Schaff Q.C. and Richard Southern – Practice – Jurisdiction – Submission to jurisdiction – Receivership order made in respect of company engaged in business of storing, blending and trading in oil – Claims made against fourth parties – Fourth parties served summons for inspection […]

[1999] 2 Lloyd’s Rep. 692; [1999] 2 All ER (Comm) 922 Charles Priday – Practice – Interpleader proceedings – “Same cause of action”- Construction – Proceedings commenced in Paris against defendants in respect of payment for cargoes of naptha – Defendants commenced interpleader proceedings in England – Whether Paris action and interpleader proceedings involved the […]

[1999] 2 Lloyd’s Rep 632 Dominic Kendrick Q.C. and David Allen and Richard Southern acted in this matter – Contracts for sale of cargo of oil contained exclusive English jurisdiction clause – Plaintiffs claimed against defendants in conversion – Bank brought proceedings in Paris to recover proceeds of sale – Third party proceedings brought in […]

[1998] 2 Lloyd’s Rep. 600; [1998] 1 Lloyd’s Rep. 80; [1998] 2 All ER 434 Dominic Kendrick Q.C. and Andrew Wales acted in this case which arose out of the Exxon Valdez disaster. It is a leading authority on what must be proved by Reinsureds to recover under reinsurance in respect of foreign judgments and […]

[1997] C.L.C. 329 Andrew Wales acted in the Court of Appeal; led by Sir Sydney Kentridge Q.C.; construction of Take-or-Pay contract

[1991] 2 Lloyd’s Rep. 337; [1990] 1 Lloyd’s Rep. 354 Richard Southern – Bill of lading – Short delivery – Title to sue – Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs – First plaintiffs alleged short delivery -Whether first plaintiffs had title to sue – Whether missing oil […]

[1990] 1 Lloyd’s Rep. 425 Charles Priday – Charter-party (Voyage) – Uncontractual orders – Carriage of cargo of oil – Charterers anticipated a falling market – Ordered vessel not to berth and load – Master ignored order and vessel proceeded to berth and load – Whether charterers’ orders not to load uncontractual – Whether charterers […]

[1987] 1 Lloyd’s Rep. 517; [1987] 1 WLR 1178; [1987] 2 All ER 737 Alistair Schaff – Arbitration – Award – Remission – Reasons – Dispute under sale contract – Arbitrator made a reasoned award – Allegations that conclusion reached by arbitrator conclusion no reasonable arbitrator could have reached and errors of law on face […]

[1987] 2 Lloyd’s Rep. 541 Jonathan Gaisman – Contract – Repudiation – Application for stay