Ofgem takes action on ‘unscrupulous’ UK energy brokers – The Guardian
‘Regulators’ plans aim to stop energy brokers overcharging small businesses and local bodies including care homes.’
The Guardian, 29th July 2020
Source: www.theguardian.com
Category: energy
The Client Earth/Drax Case – No. 5 Chambers
‘This case is a High Court challenge by statutory judicial review to the Secretary of State’s decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire. The decision was contrary to the recommendation of her examining Panel. The challenge was unsuccessful largely because the Panel itself had made an error which the Secretary of State declined to follow. The Panel had misinterpreted national policy on the assessment of “need” for the development and the Secretary of State had been entitled to conclude that that need outweighed the substantial adverse environmental impacts of the proposed development.’
No. 5 Chambers, 30th June 2020
Source: www.no5.com
Shell faces UK supreme court case over Niger delta pollution – The Guardian
‘The fossil fuel company Shell must be held accountable for significant and systematic pollution caused by oil extraction in the Niger delta, lawyers will argue in the supreme court.’
The Guardian, 23rd June 2020
Source: www.theguardian.com
Energy customers face bailiffs as Ofgem allows debt collecting again – The Guardian
‘Gas and electricity customers face the prospect of debt collectors chasing up unpaid bills after the energy industry regulator told suppliers they no longer had to offer unlimited coronavirus payment holidays.’
The Guardian, 22nd June 2020
Source: www.theguardian.com
Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer
‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
High Court Dismisses Claim in Drax Challenge – Francis Taylor Building
‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’
Francis Taylor Building, 22nd May 2020
Source: www.ftbchambers.co.uk
Legal case launched over UK’s ‘outdated’ energy policies – The Guardian
‘The government faces a legal challenge over a set of “outdated” energy policies which are being used to approve fossil fuel projects even after it vowed to end Britain’s contribution to the climate crisis.’
The Guardian, 18th May 2020
Source: www.theguardian.com
Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers
‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’
Garden Court Chambers, 1st April 2020
Source: www.gardencourtchambers.co.uk
The Use (and Abuse) of Section 73 – Exchange Chambers
‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
Planning consent and community benefits – Law Society’s Gazette
‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’
Law Society's Gazette, 3rd January 2020
Source: www.lawgazette.co.uk
UK sued for approving Europe’s biggest gas power station – The Guardian
‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’
The Guardian, 30th January 2020
Source: www.theguardian.com
Cabinet Office ignores court order to release secret fracking report – The Guardian
‘The Cabinet Office has defied a court order to release a secret government report on the UK’s fracking industry. Officials were expected to hand over the report on Monday, days before Britain’s first general election leaders’ debate on the climate crisis, after the information tribunal ruled it was in the public interest to disclose its findings in full.’
The Guardian, 28th November 2019
Source: www.theguardian.com
Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions – Local Government Lawyer
‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
Fracking: How The Police Response Is Threatening The Right To Protest – Rights Info
‘The UK government has announced an immediate moratorium on fracking. The decision came after new scientific analysis concluded it was not possible to “rule out future unacceptable impacts”.’
Rights Info, 11th November 2019
Source: rightsinfo.org
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’
Six Pump Court, 6th November 2019
Source: www.6pumpcourt.co.uk
Can my landlord lock my thermostat in a box? – BBC News
‘In a multi-occupancy dwelling like Alex’s, the landlord is permitted to control the heating, with no rules against boxing off the thermostat, experts say. The same is true of a standard rental property with fewer than three tenants, if the landlord pays the bills.’
BBC News, 5th November 2019
Source: www.bbc.co.uk
The problem with the Rights of Entry (Gas and Electricity Boards Act 1954) – No. 5 Chambers
‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’
No. 5 Chambers, 23rd October 2019
Source: www.no5.com
Seahorses are to be given greater protection from oil drilling after a landmark High Court challenge – Daily Telegraph
‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
When is a plant not a power plant? – Practical Law: Construction Blog
‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’
Practical Law: Construction Blog, 30th July 2019
Legal Update: Section 73 Applications – No. 5 Chambers
‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’
No. 5 Chambers, 2oth June 2019
Source: www.no5.com
