Energy and Natural Resources Case Law Update - Issue 10

In this update we consider decisions made in the English High Court the first half of 2023 relating to the Energy and Natural Resources sector, and some of the related trends that we have seen over the past year.

The most significant ongoing trend is the rise in ESG related disputes. All ENR businesses need to be hyper-alert in relation to the scope of their ESG obligations and the consequences of failing to meet applicable standards. A number of the articles in this edition illustrate why this is the case.

The issues covered include the phenomenon of greenwashing and what is being done to combat it; what is required in order for a circumstance to constitute a "continuing nuisance" for the purposes of a claim in the tort of nuisance; how judicial review claims by activist investors against Government entities are being treated by the English High Court; and the factors the English courts will consider when determining whether a signed heads of terms will be enforceable.

If the topics covered give rise to any questions, please do not hesitate to contact us to discuss further.