scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1998 ◽  
Vol 36 (2) ◽  
pp. 486
Author(s):  
Douglas G. Mills ◽  
Brian Beck
Keyword(s):  
Oil And Gas ◽  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Court Decisions ◽  
Offshore Drilling ◽  
Fiduciary Duties

This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.

scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1995 ◽  
Vol 33 (2) ◽  
pp. 365
Author(s):  
William H. Bonney ◽  
J. Jay Park
Keyword(s):  
Oil And Gas ◽  
Case Law ◽  
Administrative Law ◽  
Offshore Drilling ◽  
Fiduciary Duties ◽  
Governmental Regulation ◽  
House Of Lords

This article is a compilation of recent interesting and potentially influential decisions by Canadian courts. Of note also is a judgment by the House of Lords that appears to significantly restrain the applicability of Rylands v. Fletcher. The authors have surveyed case law development in such areas as contracts, lands, leases and titles, fiduciary duties, tax, the environment, torts, surface rights, governmental regulation, offshore drilling, creditors' rights and administrative law.

15. Challenging Governmental Decisions: The Process

2021 ◽  
pp. 405-427
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Administrative Law ◽  
Public Law ◽  
Family Practitioner ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Technical Area ◽  
Legal Procedures

This chapter examines the legal procedures an applicant must follow when challenging a government decision and explores how court decisions in this nominally very technical area of administrative law can have profound implications for the meaning in practical terms of such broad constitutional principles as the rule of law and the sovereignty of Parliament. The chapter begins by examining the historical duality with English administrative law of the mechanism through which citizens might question the lawfulness of government action. The chapter then continues to cover the case of Barnard v National Dock Labour Board; the Order 53 reforms; the case of O’Reilly v Mackman (1982); the post-O’Reilly case law; the case of Roy v Kensington and Chelsea and Westminster Family Practitioner Committee; and public law principle as a defence in criminal proceedings.

scholarly journals Back to the future: Brexit, EIA and the challenge of environmental judicial review

2019 ◽  
Vol 21 (1) ◽  
pp. 6-20
Author(s):  
Maia Perraudeau
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Legal Culture ◽  
Case Law ◽  
Administrative Law ◽  
Environmental Legislation ◽  
Judicial Interpretation ◽  
Public Authorities ◽  
Environmental Decisions ◽  
The Eu

This article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2011 ◽  
pp. 517
Author(s):  
Jeff W. Bright ◽  
And Patrick W. Burgess
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Bankruptcy Law ◽  
Conflict Of Laws ◽  
Securities Law ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, conflict of laws, contracts, environmental law, securities law, taxation, joint operators, bankruptcy law, freehold leases, administrative law, and rights of first refusal.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2011 ◽  
Vol 49 (2) ◽  
pp. 427
Author(s):  
Colin Feasby ◽  
Simon Baines ◽  
Daina Kvisle
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, administrative law, conflict of laws, contracts, environmental law, freehold leases, rights of first refusal, surface rights, unjust enrichment, and taxation.

Cases & Materials on Constitutional & Administrative Law

2017 ◽  
Author(s):  
Brian Thompson ◽  
Michael Gordon
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Administrative Law ◽  
Court Decisions ◽  
The European Union ◽  
Decision To Leave ◽  
Legal Principles ◽  
Law And Politics ◽  
Wide Range ◽  
Explanatory Text

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. Cases & Materials on Constitutional and Administrative Law is an invaluable resource. Extracts from the leading cases are combined with legal, political, and philosophical materials and linked together with explanatory text, alongside extensive notes and questions for discussion. The book takes a critical look at the main doctrines of constitutional law as well as the principles of administrative law, examining the operation of the constitution in relation to Parliament, the Executive, and the citizen. Incisive commentary throughout the text provides a range of views on challenging issues. The twelfth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the referendum decision to leave the European Union; continuing change to the devolution settlement; major Supreme Court decisions in HS2, Evans, Miller and Pham; and discussion of aspects of reforms of judicial review and tribunal appeal processes as well as proposed reform of ombudsmen. This text continues to provide instant access to an unrivalled collection of up-to-date judgments, statutory provisions, official publications, and other policy materials.

Part I Commercial Arbitration in the Energy Sector, 2 Upstream Oil and Gas Disputes

2018 ◽  
Author(s):  
Tevendale Craig ◽  
Bakstad Samantha
Keyword(s):  
Oil And Gas ◽  
Case Law ◽  
Energy Sector ◽  
Commercial Arbitration ◽  
Fiduciary Duties ◽  
Fair Dealing ◽  
Model Form ◽  
Liability Limitation

This chapter focuses on Joint Operating Agreements (JOAs). A JOA is an agreement between two or more companies which defines their respective rights and obligations in the exploration of a hydrocarbon project. The purpose of the JOA is for the participating companies to share risks (costs) and rewards (revenues) in relation to the project, and to define their respective roles. Among other things, the chapter discusses leading model form JOAs, as well as the interpretation and application of clauses typically found in JOAs, such as exculpatory or liability limitation clauses, pre-emption clauses, and clauses dealing with the consequences of a party's default or forfeiture. It also analyzes case law from various jurisdictions regarding implied or statutory obligations, such as duties of ‘good and fair dealing’ and fiduciary duties amongst the partners.

scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1996 ◽  
Vol 34 (3) ◽  
pp. 664
Author(s):  
W. James Hope-Ross ◽  
Keith S. McClelland
Keyword(s):  
Supreme Court ◽  
Oil And Gas ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Fiduciary Duties ◽  
The Supreme Court

This article is a compilation of recent Canadian decisions pertaining to oil and gas law. The authors have dealt with cases in areas such as contracts, land leases and titles, fiduciary duties, tax, the environment, torts, surface rights, off-shore drilling, creditors rights and administrative law. The authors also look at three cases for which leave to appeal to the Supreme Court of Canada was requested.

Drilling and Service Contracts in Offshore Oil and Gas Operations

1973 ◽  
Vol 11 (3) ◽  
pp. 480
Author(s):  
J. M. Killey
Keyword(s):  
Oil And Gas ◽  
Oil Industry ◽  
Offshore Drilling ◽  
Oil Companies ◽  
Drilling Rig ◽  
Service Contracts ◽  
Oil And Gas Operations ◽  
Offshore Oil And Gas ◽  
Offshore Oil ◽  
Offshore Operations

As onshore oil and gas deposits are becoming more difficult to locate, and as the world demands for energy continue to increase at an alarming rate, oil companies are channeling much of their exploration activities towards offshore operations, and in particular, towards operations centered off Canada's coast lines. Because of the environment, offshore drilling presents problems which are novel to the onshore-geared oil industry. J. M. Killey discusses in detail many of the considerations involved in drafting the offshore drilling contract, concentrating on problems such as the liability of the various parties; costs; scheduling; pollution; conflict of laws; etc. Similarly, he discusses service contracts (such as supply boat charters; towing services; helicopter services; etc.^ which are necessity to the operation of an offshore drilling rig. To complement his paper, the author has included number of appendices which list the various considerations lawyer must keep in mind when drafting contracts for offshore operations.

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