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JOAs: you win some, you lose some

The body of case law dealing with Joint Operating Agreements (JOAs) is comparatively limited. In the last two years, there have been two JOA cases of particular interest which have, unusually, reached the Court of Appeal. In the recent Spirit Energy Resources Ltd & Ors v Marathon Oil UK LLC [2019] EWCA Civ 11, the Court of Appeal engaged in detailed construction of a JOA and found for the Operator. In the earlier case of Pan Petroleum Aje Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [2017] EWCA Civ 1525, the Court of Appeal also had to consider the rights of parties under a JOA, and ultimately favoured the non-Operator. They demonstrate that every case is only as good as its facts. 

The full report is attached. Authored by David Lewis QC and Angharad Parry.

Relevant members: 
20 Essex Street report - JOAs.pdf156.49 KB