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Portrait ofPhillip Ashley

Phillip Ashley

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Phillip Ashley is a partner who "specialises in contentious matters relating to the oil and gas and power sectors" and has advised on "matters relating to oil and gas investments in every continent except Antarctica" (Global Arbitration Review).

Phillip has extensive experience of international arbitration, commercial litigation, judicial review, expert determination, Competition and Market Authority appeals and regulatory investigations in the energy sector.

He is internationally recognised as being a specialist in high value energy disputes. According to Chambers and Partners he has “extensive experience of ICC and LCIA arbitrations, as well as court proceedings, concerning both oil and gas and conventional power assets” (Chambers Global). As a solicitor-advocate, Phillip regularly appears as counsel in significant energy related commercial arbitrations and expert determinations. He is has appeared as counsel in energy related disputes in the High Court in London.

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"Phillip is a true law geek. He would be my number-one choice for oil and gas disputes."

Chambers, 2024

"He provided really good, swift and pragmatic advice."

Chambers, 2023

"Phillip is a really effective lawyer."

Chambers, 2023

"Phillip Ashley is regularly instructed by high-profile energy clients for representation in disputes pertaining to pricing structure, design defects and delay costs, among other issues. He has extensive experience of ICC and LCIA arbitrations, as well as court proceedings, concerning both oil and gas and conventional power assets. "He is an excellent disputes lawyer who is full of pragmatism and has a fantastic knowledge of upstream oil and gas matters." "He combines a forensic approach with knowledge of the black letter law and understanding of the industry."

Chambers, 2021

"Phillip Ashley routinely represents clients on contractual disputes revolving around the construction of nuclear power plants and oil and gas infrastructure. A market insider describes him as an "oil specialist," while a client praises his ability to "answer any request in a very quick and efficient manner."

Chambers, 2020

"He provides very sound advice and is a good lateral thinker, seeking solutions to avoid costly litigation,"

Chambers, 2019

“CMS is, according to one client, ‘the best oil and gas practice in the UK’….”

“Phillip Ashley is recommended for disputes”

“Phillip Ashley ‘gets to the heart of a dispute without taking unnecessarily bullish positions”

Legal 500

Relevant experience

International arbitration

  • A national oil company in an USD 1.2bn ICC arbitration relating to cross-flows between oil blocks.
  • An independent power producer in an LCIA arbitration concerning the pricing of natural gas in Israel.
  • An operator in two LCIA arbitrations concerning unpaid cash calls relating to operations in Angola with a value of approximately USD 80m, including various counterclaims concerning allegations operator performance.
  • International energy companies in approximately USD 12bn of arbitrations relating to the pricing of natural gas an LNG.
  • A leading state-owned company in a pricing dispute regarding a long-term crude oil supply contract with a sum in dispute in excess of USD 16bn.
  • An independent oil company in an UNCITRAL arbitration concerning the redetermination of tract interests in an LNG mega-project in the ASEAN region. 
  • A manufacturer in a London Chamber of Commerce Arbitration concerning a nuclear reactor.

Commercial litigation

  • The non-operators in the forced removal of an operator under a joint operating agreement by vote (TAQA Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 (Comm))
  • Marathon Oil, TAQA Bratani, Centrica and JX Nippon in relation to a dispute concerning joint venture consent to the sale of transportation and processing assets, including issues concerning pre-emption and reasonable assurances for transfer (Apache Beryl I Ltd v Marathon Oil UK LCC & Ors [2017] EWHC 2258 (Comm)).
  • Neptune E&P UK Limited in relation to delay and liquidated damages concerning the fabrication of the topsides for the Cygnus project (Heerema Hartlepool Limited v Neptune E&P UK Limited [2018] EWHC 2217 (TCC)).

Judicial review

  • Octopus Energy as an interested party in judicial review challenges related to the transaction by which Octopus Energy acquired Bulb Energy from administration (British Gas Trading Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin)).

Judicial review and CMA

  • The electricity system operator in a dispute concerning the Connection and Use of System Code and EU law (SSE Generation Ltd & Ors, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 865 (Admin))

Expert determination

  • A system operator in an expert determination to ascertain fair commercial terms for third party access a mid-stream gas pipeline under a transportation agreement and parallel international treaty.  
  • A large international oil company in an expert determination concerning compensation for disruption caused in the process of construction and tie into existing facilities.
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Publications

  • Dispute Resolution Clauses, Oil and Gas Contracts: Principles and Practice (Second Edition, 2019)
  • Default clauses in joint operating agreements: recent guidance from the English courts (International Energy Law Review, 2016) 
  • Enforceability of Take-or-Pay Provisions in English Law Contracts (Journal of Energy & Natural Resources Law, 2013)
  • Natural Gas Price Reviews: Past, Present and Future (Journal of Energy & Natural Resources Law, 2012)
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Education

  • University College London, Masters Degree in Law (Distinction) and Sir Jack Jacob Prize for Civil Justice, London
  • University of Greenwich, LLB (Hons) Law, London
  • Inns of Court School of Law, Bar Vocational Course
  • Called to the Bar by the Honourable Society of Lincoln's Inn
  • Admitted to the Roll of Solicitors
  • Solicitor-Advocate (Higher Courts Criminal Proceedings)
  • Solicitor-Advocate (Higher Courts Civil Proceedings)
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Feed

31/01/2024
TCC upholds exclusion of liability for fraudulent breaches of contract
A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself...
15/01/2024
Energy Sector: Is this REUL-ly happening? Update on the Retained EU Law...
We reported in 2022 on the introduction to Parliament of the Retained EU Law (Revocation and Reform) Bill (the “Bill”). The legislation underwent some significant amendments before the ultimate enactment...
12/01/2024
Oil & Gas - Russian Companies and Force Ma­jeure/Sanc­tions revisited
In Litasco SA v Der Mond Oil and Gas Africa SA and Locafrique Holdings SA [2023] EWHC 2866 (Comm), the Commercial Court confirmed its approach to applying sanctions to oil and gas entities with Russian...
15/12/2023
Oil & Gas Disputes Survey 2023
Our Oil and Gas Disputes Survey 2023 has highlighted that regulator activity, environmental issues and global economic and political challenges are seen by those in the oil & gas industry to be driving...
13/12/2023
Oil & Gas: Drafting for parallel disputes under a PSC, JOA and settlement...
In RSM Production Corporation v Gaz du Cameroun SA [2023] EWHC 2820 (Comm), the English High Court considered the relationship between arbitration clauses in a production sharing contract (or participation...
23/11/2023
Oil and Gas Disputes Survey 2022-23
The survey represents the views of over 80 industry professionals covering most regions of the world: Europe, the Middle East, Asia-Pacific, Africa, and Latin America. We are grateful for their valuable insights into how and where disputes arise and how they are managed in different markets across the industry. For a high-level view of our survey findings, we invite you to scroll through the below infographic, describing our survey respondents’ key concerns.  
16/10/2023
CMS Annual Review of developments in English oil and gas law 2023
Welcome to the 2023 edition of the CMS Annual Review of developments in English oil and gas law, featuring commentary and analysis on the latest developments in English oil and gas law. This year’s edition of the Oil and Gas Annual Review brings to light the energy trilemma, where, amidst waves of unprecedented events, the challenge of meeting the goals of energy security, climate change/sus­tain­ab­il­ity and affordability, remain at the heart and strategic thinking as to the industry’s framework and future. The 2023 Annual Review deals with recent case law relevant to LNG sales, decommissioning, oil and gas projects and supply chain, contractual construction, shipping and commodities, protestor actions, tax, and more issues that impact the day-to-day workings of the oil and gas industry. In dealing with the above, this edition also explores emerging issues that are prevalent in the UK and which are beginning to gain resonance across multiple producing jurisdictions, and also reflects on the Courts continued commitment to international arbitration and alternative dispute resolution. You can read the CMS Annual Review of developments in English oil and gas law in electronic magazine format or via the ‘download publication’ button. If you would like to request a hard copy, please contact Amy Hill-Burton.
25/05/2023
North Sea Strikes and Force Majeure
The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no...
13/03/2023
Oil & Gas: Time-bars for reclaiming advance payments
In Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 the Commercial Court dismissed an unjust enrichment claim, relating to the sale of gasoline, on the basis that it was time-barred. In reaching...
10/03/2023
Energy / Shipping – Effect of Anti-assignment Clauses and Transfers to...
The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied...
10/03/2023
Oil & Gas: Court of Appeal dismisses challenge to LNG Project funding
In R (on the application of Friends of the Earth Limited v (1) The Secretary of State for International Trade / UK Export Finance (UKEF) (2) Chancellor of the Exchequer; interested parties (1) TotalEnergies...
21/11/2022
Energy Sector: Retained EU law reform – bonfire of laws or death by judicial...
The UK retained a substantial body of laws and regulations based on the status quo at the end of the “Transition Period” following the UK’s departure from the European Union. At that time, the Government...