BP Oil International Ltd v Vega Petroleum Ltd & Anor [2021] EWHC 1364 (COCKERILL J DBE)

BP paid some USD17m for crude oil to be delivered FOB in Egypt under contracts with the Defendants (JV partners in the oil field). Deliveries did not take place and BP sought recovery, principally by way of unjust enrichment. In finding in BP’s favour, the Court dismissed various arguments, including that the contracts were merely for rights to lift which, if not taken up, gave rise to no recovery; also time-bar arising out of BP’s GTCs which provided “any claims arising….shall be commenced within 2 years of…date…oil was delivered or, in the case of total loss, should have been delivered”. The Court ruled that there was neither delivery nor total loss so the time bar was inapplicable and in any event, any ambiguity would be resolved in favour of BP.