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Articles by Chloe Mears
Court refuses ClientEarth judicial review of FCA’s decision to approve Ithaca Energy prospectus
On 13 December 2023, English High Court denied an application for judicial review by the environmental law charity, ClientEarth, regarding the decision taken by the Financial Conduct Authority (FCA) to approve the prospectus of an oil and gas exploration company, Ithaca Energy Plc (Ithaca).1 Key Takeaways This was a creative attempt by an environmental organisation to put climate change on the agenda using existing legal and regulatory regimes.
Good faith and relational contracts explored in Phones 4U v EE Limited and others
Introduction Unlike in some other jurisdictions, English law does not imply a general duty of good faith into contracts. This is to avoid uncertainty and preserve parties’ freedom to pursue their own commercial interests (within their contractual framework). However, as discussed in a 2023 High Court judgment, a duty of good faith may be implied into “relational” contracts in certain circumstances.
Anti-suit injunctions in support of foreign-seated arbitrations: where are we now?
Anti-suit injunctions (ASIs) may provide parties with a powerful tool to hold counterparties to a contractual bargain to submit a dispute to arbitration when court proceedings are commenced or threatened in breach of the parties’ arbitration agreement.
Court of Appeal finds signed Heads of Terms for renewable energy project not binding
Commercial parties often choose to set out the terms of commercial transactions that have been agreed in principle in an initial document, referred to as a "heads of terms". Although such documents do not usually commit the parties to complete the envisaged transaction, they are considered to have moral force and to be evidence of serious intent.
Penalty clauses: how to stay sweet following candy | Lexology
This update looks at the recent case of Holyoake v Candy1 (“Holyoake”), which provided useful guidance on how the English courts interpret the Penalty Rule and how careful drafting can sometimes take a clause outside of its scope. Parties will often agree in advance a specified sum that will be payable in the event of certain breaches of contract.
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