Shipping and Energy Newsletter - Summer 2025

Welcome to the Summer 2025 Shipping and Energy Newsletter.

In this edition, we explore some of the strategic questions shaping conversations in the energy sector today and provide you with tools and information that will be helpful when entering into contracts.

How is ageing offshore oil and gas infrastructure being repurposed for the future? We examine its growing role in hydrogen transport and storage, an exciting development in the move toward cleaner energy. We also look at how small modular reactors (SMRs) are emerging as an alternative power source for energy-hungry infrastructure, including data centres.

We had a lovely time at our recent events, including the first London Crisis Management Academy. Thank you to everyone who attended, and we hope to see you at the next one!

Until next time, happy reading.

Fiona Cain
Editor | Counsel | London

William Cecil and Andreas Silcher were invited to talk to BIMCO in their 15 + 15 webinar series on ship conversion contracts – unique features and additional risks and shipbuilding contracts: current legal issues. BIMCO members will be able to access these webinars via the BIMCO website.

Conrad Purcell and Kayley Rousell wrote an article for Infrastructure Investor on “Going Nuclear: How SMRs Could Power Data Centres,” and consider how this will meet growing energy demands while reducing carbon emissions.

In a further article for Clean Energy Pipeline, Conrad and Kayley examine “How Development Finance Institutions and Commercial Bank Project Financing Structures Differ.”

Conrad Purcell and Shu Shu Wong were featured in Offshore Technology with their article, “Is It Feasible to Repurpose Oil and Gas Pipelines for Hydrogen.” The piece explores the potential for converting existing pipeline infrastructure to transport hydrogen, while also addressing the financial challenges that continue to limit large-scale development.

The complex energy landscape in the Americas, where those involved are balancing the continuing importance of traditional hydrocarbon energy sources with an accelerating transition towards the world of clean, renewable energy technologies, is discussed in the article “Shaping The Americas' Future” for Energy Global by Glenn Kangisser, Shu Shu Wong and, our US colleague, Grace Kaplow.

Haynes Boone represented Raxio Group, a leading pan-African data center developer and operator, in securing a significant “$100 Million IFC Financing package,” from the International Finance Corporation (IFC), a member of the World Bank Group. Conrad Purcell led the transaction work along with Kayley Rousell, Shu Shu Wong and Trainee Solicitor Zainab Al-Qaimi.

Andreas Dracoulis and Jonathan Morton provided their views to Mealey’s for their International Arbitration Report discussing, “The Major Challenges For Arbitration In 2025,” while Fiona Cain and Jack Spence, also for Mealey’s, discuss “The Efficiency Of Artificial Intelligence Tools In International Arbitration”.

The London office recently hosted a fantastic evening at the Courtauld Gallery. Clients enjoyed a captivating private tour of the Goya Impressionist exhibition, complemented by excellent canapés and enjoyable networking.

We also hosted our first-ever London Crisis Management Academy in partnership with FTI Consulting, where Glenn Kangisser and James Tinworth from the London office were joined by our U.S. colleagues, Lauren Brogdon and Peter Halprin, and others to discuss navigating today’s evolving risk landscape. With regulators focusing on operational resilience and financial conduct, companies must be ready to respond across jurisdictions and disciplines. Read the key takeaways from the academy here.

We take a brief look at some of the key cases determined by the U.K. courts in the past few months on shipping, offshore oil and gas, and related matters.

Be Careful What You Sign, You’ll Be Held To It

The Admiralty Court held that an owner was bound by a jurisdiction agreement in a “Certificate of Safe Delivery” even though the German Master who signed it thought that it was a mere routine receipt and had been told that it was nothing special. The Court rejected the non est factum claim (which would require that the signatory, through no fault of their own, did not understand the document that they were signing and made a fundamental mistake as to the effect of it). It could not be established for “a person who signs without taking the trouble to find out at least the general effect of the document”.

SD Rebel BV & Anor v Elise Tankschiffahrt KG [2025] EWHC 376 (Admlty)

Precedent On Precedents

The Court of Appeal upheld the decision of Constable J that a clause requiring DBS to provide a non-conformance report imposed a condition precent to its ability to exercise various rights. The Court provided a number of useful guides as to how to recognise a condition precedent, emphasising the primacy of the drafting of the clause itself.

Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380

WhatsApp In The World Of Contracts

Offering a further instance of English law’s ability to accommodate modern communication methods, the Court found that a contract had been entered into between a developer and a demolition services provider, based on a WhatsApp thread.

Javee Homes Limited v Fincham [2025] EWHC 942 (TCC)

Losing A Chance To Contract

ABM claimed that, as a result of Matiere’s breach of good faith obligations, its chances of obtaining a tunnelling contract plummeted from a near certainty to zero. The Court considered the legal principles surrounding claims for loss of chance and held that Matiere’s conduct had not had any impact on the decision not to award the tunnelling contract to ABM, so its claim failed.

Matière SAS v ABM Precast Solutions Ltd [2025] EWHC 1434 (TCC)

Upholding Contracts Without A Price

The Court of Appeal reversed the High Court’s decision that an agreement for the supply of Wesos was too uncertain to be enforced, as it did not specify a price for quantities in excess of a designated sum. To evade the uncertainty the Court of Appeal implied a term that the parties would exercise reasonable endeavours to agree the price.

KSY Juice Blends UK Limited v Citrosuco GMBH [2025] EWCA Civ 760

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