Decommissioning

This is an overview of the key content to be found in our Decommissioning subtopic. It briefly explains the nature of this content and provides links to it.

For more general information on oil and gas licensing and regulation, see subtopic: Oil and gas licensing and regulation—overview.

The Department for Energy Security and Net Zero (DESNZ) was established on 7 February 2023 and has taken over the energy portfolio (including in respect of oil and gas commissioning) of the former Department for Business, Energy and Industrial Strategy (BEIS), which no longer exists.

Decommissioning—introductory Practice Notes

Practice Note: ‘Conventional’ Oil and Gas—An Introduction provides an introduction to the key elements of the ‘conventional’ oil and gas sector, including licensing and regulation, the upstream, midstream and downstream elements of the sector, corporate transactions, health and safety, decommissioning and LNG, and provides links to related, more in-depth content on such topics.

Practice Note: The Energy White Paper—an overview [Archived] considers some of the key measures announced in the Energy White Paper published by the former BEIS on 14 December 2020 and their expected impact on the energy sector. It also provides

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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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