Solar Century Holdings Limited & Others v Secretary of State for Energy & Climate Change

18 Nov 2014 | by Azeem Suterwalla

Solar Century Holdings Limited & Others v Secretary of State for Energy & Climate Change [2014] EWHC 3677 (Admin): lawful decision to close a levy supported scheme to promote electricity generated from renewable sources

This claim for judicial review was brought by a group of companies generating electricity from renewable sources against the Secretary of State for Energy and Climate Change. The claimants challenged a change in policy on the part of the Department for Energy and Climate Change (‘DECC’) the result of which was to bring to a premature close a levy supported scheme – “the RO Scheme” – which was due to run until 2017 but which it had been decided would in fact close in 2015. The Court (Green J) rejected all four grounds of challenge advanced and dismissed the claim. The judgment provides a detailed and useful exposition of when and how it is permissible to rely upon material other than the language of a statutory provision, in interpreting that provision. Green J also analysed the law relating to legitimate expectation in public law and when the application of a retrospective provision/policy may be permissible and lawful.

Please click to read the full Solar Century Holdings Limited & Others v Secretary of State for Energy & Climate Change case note.