If You Can’t Stand the Heat – Nearly Legal

Posted June 2nd, 2015 in EC law, energy, news, regulations by sally

‘The Heat Network (Metering and Billing) Regulations 2014 were passed near the end of 2014 by the Government. They have been starting to excite interest after the production of a scoping document in April 2015 which attempts, badly, to explain their application.’

Full story

Nearly Legal, 2nd June 2015

Source: www.nearlylegal.co.uk

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

Greenpeace anti-fracking advert banned for claiming support of ‘experts’ – The Independent

Posted May 6th, 2015 in advertising, charities, energy, environmental protection, fracking, news by sally

‘A Greenpeace advert opposing fracking has been banned for claiming experts agreed that the process would not cut energy bills.’

Full story

The Independent, 6th May 2015

Source: www.independent.co.uk

A1P1 claims by photovoltaics get to the Court of Appeal – UK Human Rights Blog

Posted May 6th, 2015 in appeals, climate change, damages, energy, news by sally

‘In 2011, DECC decided to change the rules about subsidies for photovoltaic schemes, and caused substantial losses to those who had contracted or were about to contract on the basis of the more generous old subsidies.’
Full story

UK Human Rights Blog, 4th May 2015

Source: www.ukhumanrightsblog.com

Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

Full story

The Guardian, 5th April 2015

Source: www.guardian.co.uk

Certainty for landlords as commercial property energy efficiency regulations receive parliamentary approval – OUT-LAW.com

Posted April 2nd, 2015 in energy, landlord & tenant, news, regulations by sally

‘New energy efficiency standards for privately-let commercial property in England will come into force on 1 April 2018, after the UK parliament passed regulations in one of its final sessions ahead of May’s general election.’

Full story

OUT-LAW.com, 30th March 2015

Source: www.out-law.com

CMA says UK energy market needs better regulation and more customer switching – Zenith Chambers

Posted March 23rd, 2015 in competition, consumer protection, energy, news by sally

‘The CMA’s updated issues statement on its energy market investigation has been hailed as a ‘win’ for the energy companies, while suggesting that a lack of competition could be due to poor regulation and customer apathy. A closer look at the CMA’s initial findings suggests a more nuanced view.’

Full story (PDF)

Zenith Chambers, 26th February 2015

Source: www.zenithchambers.co.uk

Fracking will be allowed under national parks, UK decides – The Guardian

Posted February 13th, 2015 in bills, energy, environmental protection, fracking, news, parks by tracey

‘Amendments to infrastructure bill unpick earlier protections, meaning companies just outside parks will be able to drill horizontally below them.’

Full story

The Guardian, 12th February 2015

Source: www.guardian.co.uk

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Landlords to be banned from letting draughtiest homes – The Guardian

Posted February 5th, 2015 in energy, environmental protection, landlord & tenant, news, regulations by sally

‘Landlords will be banned from renting out England and Wales’ draughtiest homes from 2018 in a bid to cut energy bills and carbon emissions. The new regulations are expected to help around a million tenants who are paying as much as £1,000 a year more than the average annual bill of £1,265 because of poorly insulated homes.’

Full story

The Guardian, 5th February 2015

Source: www.guardian.co.uk

Ofgem tightens up rules for comparison websites – The Guardian

Posted January 22nd, 2015 in consumer protection, energy, internet, news by sally

‘The energy regulator Ofgem has announced new rules for comparison websites which will force them to give consumers more information on the tariffs they show, amid allegations that they are hiding the best deals from consumers.’

Full story

The Guardian, 21st January 2015

Source: www.guardian.co.uk

Legal challenge to Government’s £2.5bn subsidy scheme for fossil fuel industry – The Independent

Posted December 6th, 2014 in EC law, energy, news, state aids by sally

‘The Government may be forced to suspend a £2.5bn annual subsidy scheme designed to keep the lights on as cheaply and as greenly as possible following a legal challenge in the European Court of Justice, which claims it amounts to an “unlawful subsidy” for the fossil fuel industry.’

Full story

The Independent, 5th December 2014

Source: www.independent.co.uk

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Legitimate Expectations – Local Government Law

Posted November 25th, 2014 in contracts, energy, local government, news by sally

‘In Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change [2014] EWHC 3677 (Admin) the submissions made for the Claimant included that (1) certain pre-legislative statements were admissible and in effect bound the Government, according to the principles laid down by Lord Steyn in R (Westminster City Council) v National Asylum Support Service [2002] UKHL 38 at paragraph 6, (2) certain statements made by the Government were “clear and unequivocal” representations which gave rise to a legitimate expectation, and (3) the expectation could not be trumped or thwarted by any of the policy considerations advanced by the Government. Green J rejected all these submissions. The case concerned renewable energy sources by way of large scale “solar farms”, governed by the Electricity Act 1989, as amended by the Energy Act 2013, and whether the Government was bound to maintain a particular scheme in place until 2017. Clear and repeated representations had been made to that effect, but they had always been qualified.’

Full story

Local Government Law, 17th November 2014

Source: www.11kbw.com/blogs/local-government-law

Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer

Posted October 13th, 2014 in contracts, damages, dispute resolution, energy, local government, news by sally

‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’

Full story

Local Government Lawyer, 13th October 2014

Source: www.localgovernmentlawyer.co.uk

‘Frankly awful’: energy regulator’s damning verdict on suppliers’ customer service – Daily Telegraph

Posted September 26th, 2014 in complaints, consumer protection, energy, news by tracey

‘The Big Six energy suppliers have been ordered to improve “frankly awful” customer service after regulator Ofgem found more than half of customers were unhappy with how complaints were handled.’

Full story

Daily Telegraph, 26th September 2014

Source: www.telegraph.co.uk

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Energy price riggers to face jail under new proposals – BBC News

‘Anyone found guilty of rigging wholesale gas and electricity prices faces up to two years in jail, under new proposals by the government.’

Full story

BBC News, 6th August 2014

Source: www.bbc.co.uk

Successful A1P1 claims by photovoltaics – Human Rights Blog

Posted July 15th, 2014 in contracts, energy, human rights, news by tracey

‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’

Full story

UK Human Rights Blog, 13th July 2014

Source: www.ukhumanrightsblog.com

Brussels takes UK to court over boats using red diesel – BBC News

Posted July 11th, 2014 in customs and excise, EC law, energy, news, taxation by sally

‘The European Commission is taking the UK to court in a long-running row over its policy of allowing leisure boats to use lower-taxed red diesel.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk