What does Upstream mean? In legal practice, “upstream” describes exploration and production (E&P) activities: acquiring rights to search for petroleum, conducting seismic and appraisal, drilling and field development, and producing hydrocarbons to the point of export or entry into midstream infrastructure. It is a widely used commercial and regulatory descriptor rather than a defined statutory term, appearing across contracts, regulatory guidance and transaction documents. Typical upstream documents include petroleum licences and leases, assignments and farm-out agreements, joint operating agreements (JOAs), drilling and oilfield services contracts, security and project finance instruments, and decommissioning arrangements. Key legal issues include title to petroleum in situ and on production,...
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For additional practical guidance on financing energy, power and resources projects across various sectors, including those addressed in this Practice Note, consult the textbook Energy and Resources Financing: A Practical Handbook.
The lifecycle of a typical UKCS petroleum project can be understood as a series of stages. Each phase of an Upstream project involves multiple legal contracts, with the precise combination determined by the project’s characteristics, including the nature of the field, the parties involved and the planned activities. Below is a succinct overview of the commercial agreements most commonly encountered at each stage of a standard upstream petroleum project on the UKCS.
Financial agreements associated with an upstream petroleum project, together with arrangements for the acquisition and disposal of UKCS assets, are beyond the scope of this Practice Note.
Licensing is the process by which a party tenders for, and is granted, a licence to explore for and/or produce petroleum. For further information, see Practice Note: Oil & Gas—UKCS licensing regime...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...