Latest on the court challenge!!!

[JMT]

The judgement is due on Wednesday 25th at 10am. Friends of the earth posted on twitter yesterday

 

[mdovey]

But what judgement is due on the 25th? The judgement on the appeal itself, or just a judgement of whether they allow the government to appeal?

 

[Somecamel]

That is for them to know and us to find out

 

[dansk]

Feel free to follow me @bexhillenergy on twitter

Im following you @warmfloors

 

[Somecamel]

News from Click Green-

Appeal court judges to deliver Feed-in Tariff ruling next Wednesday > National News > News | Click Green

 

[TedM]

That ties in with my understanding - that the grounds for appeal were argued by both sides in court last week. So there should be no further hearings, just the result.

That's assuming that neither side have the resolve to push the legal arguments any further if they lose.

 

[Somecamel]

If they decide to let the government appeal will it be heard the same day....

 

[TedM]

I think the appeal has already been argued. That's why last week's hearing took all day. DECC's legal team seem to have taken the stance that the arguments for permission to appeal and the appeal itself were inextricably linked as they were basically the same.

But when I said 'no further hearings' I meant just in regards the appeal. Remember that if DECC's appeal fails then the next step should be the Judicial Review - which is what the original hearing decided should go ahead and DECC's attempted appeal has stopped.

In my view DECC's appeal argument is flawed as it misrepresents the powers given to the Secretary of State to change the FiTs regulations. DECC omitted to make the point that both Houses of Parliament must approve (or at least not disapprove) any of the planned changes, and that there is a process to allow that to happen. Whilst there are precedents for Parliament passing retroactive laws they are few and very far between.

 

[BruceB]

I have seen a few people refer to the next step being the judicial review. That is not how I understand it. The original High Court Judge reviewed the facts and said DECC's actions would be unlawful if they proceeded as per their proposals in the consultation. So if DECC lose their appeal they have to go away and do something lawful (which in fact they have already set in hand with the revised proposals). There is no further review to take place unless DECC try to do something which the judge has said would be unlawful in which case another action could be started in the High Court (or perhaps this one reactivated) and if I recall correctly the original Judge said something along the lines of the Court would be minded to grant a Judical Review in those circumstances.

 

[TedM]

My understanding of Judge Mitting's findings, following the 2 day hearing in December, was that a Judicial Review should proceed. But I have only got that second-hand from various reports and haven't been able to track down the actual text.

 

[BruceB]

No, nor have I seen the actual judgement. It was not on bailii when I looked earlier this evening. My point is the Review is the hearing that has taken place. There is nothing more Mitting can do at this stage having declared their proposed actions would be unlawful.

 

[Somecamel]

Was just checking stock at Segen- Appears they believe there will be another rush

 

[pjcomp]

Does anyone really think DECC is going to let itself lose serious face over this? The legal arguments will be dragged out and out to the point where even if DECC losse there won't be any time left for a sales rush like there was in November. The likes of Segen gambled on a rush and stocked accordingly, but DECC has played a stalling game and used the long drawn-out legal process to make it work. Heads they win, tails we lose.

PJ

 

[GoB2Bservices]

Yes PJ! Mainly because DECC has no face to worry about!
Hi PJ
I think DECC is not SO nervous about whether they lose face, especially seeing as they will have achieved a VERY effective stalling of Solar PV and saved a massive amount on FIT's. So I DO believe the government have stalled to the MAX and have tried the King Canute approach and probably haven't put the info (linked below), before government out of idle curiosity!

Feed-in Tariff Update - Department of Energy and Climate Change

Gra

 

[Somecamel]

The money was 'technically' moved over a few weeks back for this.

Either way, I now have time to plan for any eventuality.

On a positive note, my phone has rung 3 times this week