Guide to insolvency in the UK oil and gas industry

Produced in partnership with Emma Riddle of partner at CMS
Practice notes

Guide to insolvency in the UK oil and gas industry

Produced in partnership with Emma Riddle of partner at CMS

Practice notes
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Introduction to common participants in the market

The oil and gas industry is a significant contributor to the UK economy:

  1. it supports around 152,000 jobs (both directly and indirectly)

  2. the industry contributed 0.8% of GDP in the second quarter of 2015 (down from a high of 2.5% in the second quarter of 2008)

  3. in 2016/2017, government revenues from oil and gas production were £1.2bn

  4. the UK is the second largest producer of oil in Europe and the third largest producer of gas

Historically, the industry has been buoyant, and insolvency practitioners have not had much involvement. In 2010, there were just four insolvencies in the sector. However, in 2015 oil prices hit an all-time low which saw insolvencies in the sector rise to 28 for that year. As a result of its maturity, the UK continental shelf is among the more expensive places in the world to produce oil: prior to the last downturn in oil prices in 2015/2016 the cost of producing

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Jurisdiction(s):
United Kingdom
Key definition:
Insolvency definition
What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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