AT & Ors v Oil & Gas Authority [2021] EWHC 1470 (Comm) (10 May 2021)

AT & Ors v Oil & Gas Authority [2021] EWHC 1470 (Comm) (10 May 2021)

The dispute is excluded from arbitration by the express terms of the licence, as it relates to a matter to be decided by the OGA. However, interim relief is appropriate on judicial review principles, as the balance of convenience favours restraining the OGA from circulating the notice until permission for judicial review is determined, to prevent serious and irreparable harm to the claimants.

Citation
[2021] EWHC 1470 (Comm)
Parties
Claimant: AT; Claimant: DV; Claimant: SD; Claimant: HG; Defendant: Oil & Gas Authority
Jurisdiction
England and Wales
Judgment Date
10 May 2021
Procedural Posture
Interim Application Under Arbitration Act 1996 / Judicial Review / Application for Interim Injunction Prior to Arbitration or Judicial Review
Outcome
Interim injunction granted restraining OGA from circulating the notice, conditional on claimants issuing judicial review proceedings within three days and providing cross-undertaking in damages.
Legal Topics
Scope of Arbitration Agreements, Judicial Review of Public Bodies, Interim Injunctions, Interpretation of Model Clauses in Petroleum Licences
Arbitration Administrative Law Oil and Gas Law Scope of Arbitration Agreements Judicial Review of Public Bodies Interim Injunctions Interpretation of Model Clauses in Petroleum Licences

Case Brief

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Parties

AT

Claimant

DV

Claimant

SD

Claimant

HG

Claimant

Oil & Gas Authority

Defendant

Procedural Posture

Interim Application Under Arbitration Act 1996 / Judicial Review / Application for Interim Injunction Prior to Arbitration or Judicial Review

Legal Issues

  1. 1 Whether the dispute falls within the scope of the arbitration agreement in the petroleum licence
  2. 2 Whether the court has jurisdiction under s.44(3) Arbitration Act 1996
  3. 3 Whether interim relief should be granted as in judicial review proceedings

Ratio Decidendi

The dispute is excluded from arbitration by the express terms of the licence, as it relates to a matter to be decided by the OGA. However, interim relief is appropriate on judicial review principles, as the balance of convenience favours restraining the OGA from circulating the notice until permission for judicial review is determined, to prevent serious and irreparable harm to the claimants.

Court Disposition

Interim injunction granted restraining OGA from circulating the notice, conditional on claimants issuing judicial review proceedings within three days and providing cross-undertaking in damages.

Orders

  • OGA restrained from communicating the notice to third parties until determination of permission for judicial review or further order.
  • Claimants to issue judicial review proceedings within three days.