Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Phillip Ashley
LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread
In Briety Shipping Inc v Trafigura Maritime Logistics PTE Ltd [2026] EWHC 1714 (Comm) the Commercial Court dismissed a USD 29m claim for unpaid hire under an index-linked time charterparty, holding that a pricing formula based on the “spread” between two LNG indices (JKM and TTF) operated in one direction only.
Oil & Gas: Indemnities Are Not Always Wide
CMS Wistrand are most popular: in United States with readers working within the Technology and Retail & Leisure industries In Sahara Energy Resource Ltd v Société Nationale de Raffinage SA [2026] EWCA Civ 54, the Court of Appeal overturned the decision of the Commercial Court awarding Sahara US$77 million. However, the Court of Appeal did not overturn all the Commercial Court's decision.
LNG charterparty hire formula: Meaning of JKM–TTF pricing spread
In Briety Shipping Inc v Trafigura Maritime Logistics PTE Ltd [2026] EWHC 1714 (Comm) the Commercial Court dismissed a USD 29m claim for unpaid hire under an index-linked time charterparty, holding that a pricing formula based on the “spread” between two LNG indices (JKM and TTF) operated in one direction only.
Power Purchase Agreements: Contractual rights vs. regulatory regimes
In Star Hydro Power Ltd v National Transmission and Despatch Company Ltd [2025] EWCA Civ 928 the Court of Appeal dealt with an arbitration award that will be of significant interest to generators and offtakers of international Power Purchase Agreements (“PPA”). The Court of Appeal upheld an award that decided that a PPA, with an arbitration clause, permitted the parties to agree payments in excess of those imposed by local mandatory regulatory requirements, which was a state-determined tariff.
Oil and Gas: Damages for non-delivery of LNG
In [2025] EWCA Civ 457, the Court of Appeal gave a rare insight into an arbitral award concerning a failure to deliver multiple cargoes under an LNG master spot sales agreement. Although the substance of the award is confidential, it highlights the specific challenges related to ensuring an LNG sales agreement contains a real remedy for buyers and sellers. Nigeria LNG Limited (“NLNG”) is an LNG producer exporting LNG from Nigeria.
CMS Annual Review of developments in English oil and gas law 2024
Welcome to the 2024 edition of the CMS Annual Review of developments in English oil and gas law, featuring commentary and analysis on the latest developments in English oil and gas law. This year’s edition of the Oil and Gas Annual Review covers judgments/arbitral awards which will have both direct and indirect impacts on oil and gas practitioners.
CMS Annual Review of developments in English oil and gas law 2024
08/10/2024 Welcome to the 2024 edition of the CMS Annual Review of developments in English oil and gas law, featuring commentary and analysis on the latest developments in English oil and gas law.This year’s edition of the Oil and Gas Annual Review covers judgments/arbitral... Read more
Oil, gas and commodities: Supreme Court overturns Court of Appeal on force majeure
On 15 May 2024, the Supreme Court unanimously overturned the Court of Appeal’s decision that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to accept alternative, or non-contractual, performance.
Oil, gas and commodities: Supreme Court overturns Court of Appeal on force majeure
23/05/2024 On 15 May 2024, the Supreme Court unanimously overturned the Court of Appeal’s decision that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to accept alternative, or non-contractual, performance.The Supreme Court clarified... Read more
Energy and climate change: The most significant climate change litigation decision yet?
07/05/2024 In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court. The decision has the potential... Read more
TCC upholds exclusion of liability for fraudulent breaches of contract
A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself. The Court also concluded that the clause satisfied the reasonableness requirement under the Unfair Contract Terms Act 1977 which applies where commercial parties contract on standard terms.
Energy Sector: Is this REUL-ly happening? Update on the Retained EU Law (Revocation and Reform) Act 2023
We reported in 2022 on the introduction to Parliament of the Retained EU Law (Revocation and Reform) Bill (the “Bill”). The legislation underwent some significant amendments before the ultimate enactment of the Retained EU Law (Revocation and Reform) Act (the “Act”) in June 2023.
Oil & Gas: Drafting for parallel disputes under a PSC, JOA and settlement agreement
In RSM Production Corporation v Gaz du Cameroun SA [2023] EWHC 2820 (Comm), the English High Court considered the relationship between arbitration clauses in a production sharing contract (or participation agreement), joint operating agreement and settlement agreement (straddling both). The outcome illustrates the benefit of giving careful consideration to the interplay between dispute resolution provisions in drafting interrelated upstream contracts.
CMS Annual Review of developments in English oil and gas law 2023
Another unprecedented year has passed in the energy industry. That said, the energy trilemma remains at the heart of many issues with which the industry is grappling. Amongst waves of unprecedented events, the challenge of meeting the goals of energy security, climate change/ sustainability and affordability, remain at the heart strategic thinking as to the industry’s future. The war between Russia and Ukraine has continued, with little sign of relenting.
Oil & Gas: Time-bars for reclaiming advance payments
13/03/2023 In Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 the Commercial Court dismissed an unjust enrichment claim, relating to the sale of gasoline, on the basis that it was time-barred. In reaching this conclusion, the Commercial Court indicated that... Read more
Oil & Gas: Court of Appeal dismisses challenge to LNG Project funding
10/03/2023 In R (on the application of Friends of the Earth Limited v (1) The Secretary of State for International Trade / UK Export Finance (UKEF) (2) Chancellor of the Exchequer; interested parties (1) TotalEnergies E&P Mozambique Area 1 Limitada; (2) MOZ LNG1 Financing... Read more
Energy / Shipping - Effect of Anti-assignment Clauses and Transfers to Insurers
10/03/2023 The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s... Read more
Energy / Shipping - Effect of Anti-assignment Clauses and Transfers to Insurers
The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy.
Singapore Court of Appeal declines to follow Rock Advertising: Endorses more liberal approach to NOM clauses | Lexology
A recent decision of a five-judge Court of Appeal in Singapore has considered the legal effect of no oral modification clauses (“NOM clauses”) under Singaporean law. In a break with the position in the UK (decided in the Rock Advertising case), the Court held that NOM clauses merely raise a rebuttable presumption that in the absence of an agreement in writing, there would be no variation.
High Court decision raises significant issues over the interpretation of the Petroleum Act 1998 | Lexology
The recent decision in Apache UK Investment Limited v Esso Exploration and Production UK Limited [2021] EWHC 1283 (Comm) shows how difficulties can arise when complex standard agreements are amended for particular circumstances.
Acceptance testing and the deferral of termination rights | Lexology
United Kingdom
September 29 2020 A recent TCC decision has considered the ability of an employer to defer exercising rights of termination in the event a contractor fails to satisfy acceptance testing criteria. It is often assumed that, in the absence of an express time limit, rights of termination must be exercised within a reasonable time.
Oil & Gas: Protecting your position in a falling market | Lexology
United Kingdom
March 10 2020 With the headlines on the front page of yesterday’s Financial Times predicting an “oil price war” and Brent diving to US$31/bbl at just after 4am UK time on Monday, oil companies and contractors will doubtless be looking to take steps to manage their exposure. It is important for industry participants and other stakeholders to have legal strategies in place to deal with marketplace changes.
Oil & Gas: Hydrocarbon sales - Risk of loss of pre-payment and without delivery of goods | Lexology
In VTB Commodities Trading DAC v JSC Antipinsky Refinery [2020] EWHC 72 (Comm) the Commercial Court refused to continue an order for specific performance relating to the delivery of gasoil that had been pre-paid by the buyer. As a result, the buyer was left ranking equal with all other unsecured creditors in asserting a debt claim for return of sums paid and/or any damages awarded by an arbitral tribunal.
CMS Annual Review of developments in English oil and gas law | Lexology
Welcome to the 2019 edition of the CMS Annual Review of developments in English oil and gas law, featuring commentary and analysis on the latest developments in English oil and gas law.
Tax covenant notice provisions considered in Court of Appeal | Lexology
In Stobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA (Civ) 1376, the Court of Appeal considered the extent to which valid notice had been given of a tax covenant claim prior to the expiry of the relevant limitation period. The Court of Appeal dismissed the appeal and upheld the original judgment, finding that valid notice had not been given for the purposes of the limitation period, but only for the purposes of the conduct provisions relating to potential tax covenant claims.
ON TOP!, by Straight Arrows
If you like Straight Arrows, you may also like: Bandcamp Daily your guide to the world of Bandcamp
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Phillip
Contact Phillip, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack