SSE fined record £10.5m by Ofgem over ‘prolonged and extensive’ mis-selling – The Guardian

Posted April 3rd, 2013 in energy, fines, news, unfair commercial practices, utilities by sally

“The utility giant SSE is to be fined £10.5m for ‘prolonged and extensive’ mis-selling in what will be the largest ever penalty imposed on an energy provider.”

Full story

The Guardian, 3rd April 2013


Energy giant EDF drops lawsuit against climate change protesters after backlash – The Independent

Posted March 14th, 2013 in compensation, demonstrations, energy, news, trespass by sally

“Energy giant EDF today dropped a £5m law suit against 21 climate change protesters that shut down the company’s new West Burton gas-fired power station last October.”

Full story

The Independent, 13th March 2013


Heritage bodies win high court battle against Barnwell windfarm – The Guardian

Posted March 8th, 2013 in energy, local government, news, planning by tracey

“Leading heritage organisations have won a high court battle against plans for a windfarm they warn will result in substantial harm to a heritage area ‘of national significance.’ English Heritage and the National Trust say the case has national implications. They supported East Northamptonshire district council’s successful legal bid to block proposals submitted by West Coast Energy for four 300 feet (91 metre) turbines on farmland at Barnwell Manor in Sudborough.”

Full story

The Guardian, 8th March 2013


Lost renewables subsidies successfully claimed as human rights damages – UK Human Rights Blog

Posted February 14th, 2013 in appeals, damages, energy, human rights, news by sally

“This decision upholding an award of damages for a claim under Article 1 Protocol 1 (right to possessions) may seem rather straightforward to a non-lawyer. Infinis lost out on some subsidies because the regulator misunderstood a complex legal document. It could not claim those subsidies any more, so it claimed and got damages from the regulator. But the relatively novel thing is that English law does not generally allow claims for damage caused by unlawful action by the state. And yet the Court of Appeal found it easy to dismiss the regulator’s appeal on this point.”

Full story

UK Human Rights Blog, 13th February 2013


Damages claims “inevitable consequence” of Government’s confused approach to solar, says expert –

Posted January 24th, 2013 in damages, energy, news by sally

“Reports that some companies involved in solar energy are pursuing claims for damages against the Government are the ‘inevitable consequence of its hitherto confused’ approach to subsidies, an expert has said.”

Full story, 24th January 2013


Government threatens to legislate if voluntary consumer data access standards are not adhered to by mobile, energy and financial services firms –

“Financial services, mobile telecoms and energy companies will be compelled by law to provide consumers with data they hold about their transactions or consumption in an ‘electronic, machine readable’ format, upon request, if they do not do so voluntarily, the Government has said.”

Full story, 20th November 2012


Energy smart meters are a threat to privacy, says watchdog – The Guardian

Posted July 2nd, 2012 in data protection, energy, news, ombudsmen, privacy by sally

“Hi-tech monitors that track households’ energy consumption threaten to become a major privacy issue, according to the European watchdog in charge of protecting personal data.”

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The Guardian, 1st July 2012


Anemometers and wind farms once more: PINS now win the day – UK Human Rights Blog

Posted May 22nd, 2012 in appeals, disclosure, energy, inquiries, news, planning, tribunals by sally

“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”

Full story

UK Human Rights Blog, 22nd May 2012


Tenant fails in its bid for a new tenancy after Court confirms landlord’s intention to occupy property for its own use is viable –

Posted May 15th, 2012 in appeals, energy, landlord & tenant, news by sally

“The operator of an oil depot has been unsuccessful in its bid for a new tenancy after the Court of Appeal confirmed that its landlord’s plans to occupy the property for its own business were viable.”

Full story, 15th May 2012


Government to give consumers control over smart meter data amidst privacy concerns –

Posted April 12th, 2012 in consumer protection, data protection, energy, news, privacy by sally

“Third-party companies will not be able to access data recorded in consumers’ smart meters unless consumers choose to let them see it, the Government has said.”

Full story, 12th April 2012


Energy regulator to get augmented powers – The Guardian

Posted April 10th, 2012 in consumer protection, energy, fines, news by sally

“Energy companies guilty of overcharging households will be forced to compensate consumers by a beefed-up industry watchdog under government proposals to be published this week.”

Full story

The Guardian, 9th April 2012


FiTs uncertainty remains for solar industry as Government refused leave to appeal –

Posted March 27th, 2012 in appeals, energy, news by sally

“The Government has been denied the opportunity to appeal to the Supreme Court in over its ‘legally flawed’ decision to reduce subsidies to businesses and homes which use solar panels to generate renewable energy.”

Full story, 27th March 2012


Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012


Energy firm SSE loses appeal on mis-selling – BBC News

Posted March 16th, 2012 in appeals, energy, news, unfair commercial practices by tracey

“SSE has lost an appeal into a conviction for tricking potential customers into switching from their existing energy firm.”

Full story

BBC News, 16th March 2012


EDF to payout £4.5m to customers following Ofgem investigation – Daily Telegraph

Posted March 9th, 2012 in consumer protection, energy, news by tracey

“Ofgem’s investigation found that EDF Energy’s processes led to breaches of its marketing licence conditions. The energy giant has now offered to pay a £4.5 million package to help vulnerable consumers and its actions mark an important step forward by the company in improving consumers trust.”

Full story

Daily Telegraph, 9th March 2012


Antitrust and Regulatory Risks in the Energy Sector – Thirty Nine Essex Street

Posted March 6th, 2012 in competition, EC law, electricity, energy, news, regulations by sally

“A review of EU action over time in creating a competitive, internal market in gas and electricity.”

Full story (PDF)

Thirty Nine Essex Street, 25th January 2012


Government asks Supreme Court for permission to appeal FiTs rulings –

Posted February 23rd, 2012 in appeals, consultations, energy, news, Supreme Court by sally

“The Government has asked the Supreme Court to rule on whether it acted lawfully when it announced plans to scale back its subsidy plans for solar projects in December.”

Full story, 22nd February 2012


The solar panel challenge – Halsbury’s Law Exchange

Posted February 2nd, 2012 in consultations, energy, judicial review, news by sally

“The government’s attempt to move forward the date for a reduction in subsidies for households with solar panel installations is concerning, both in legal terms and for the future of renewable energy. The Court of Appeal’s judgment on 25 January 2012 reassuringly blocked the government’s endeavours, but with the intention of the government to appeal to the Supreme Court, the legal battle continues.”

Full story

Halsbury’s Law Exchange, 2nd February 2012


Regina (Samuel Smith Old Brewery (Tadcaster)) v Secretary of State for Energy and Climate Change – WLR Daily

Posted February 2nd, 2012 in electricity lines, energy, judicial review, law reports by sally

Regina (Samuel Smith Old Brewery (Tadcaster)) v Secretary of State for Energy and Climate Change [2012] EWHC 46 (Admin); [2012] WLR (D) 16

“Following the grant of a consent under section 37 of the Electricity Act 1989 (as amended) in respect of any operation or change of use that constituted development, a direction made by the Secretary of State under section 90(2) of the Town and Country Planning Act 1990 that planning permission for that and any ancillary development should be deemed to be granted was not a ‘determination under the planning Acts’ for the purposes of engaging the duty to act in accordance with the applicable development plan under section 38(6) of the Planning and Compulsory Purchase Act 2004.”

WLR Daily, 31st January 2012


Small solar: Court of Appeal confirms that changes were unlawful – UK Human Rights Blog

Posted January 27th, 2012 in energy, environmental protection, news by tracey

“So, after an anxious wait for the affected businesses, the Court of Appeal has confirmed today that the Minister was too hasty in the way he went about modifying the scheme for subsidising small solar power schemes.”

Full story

UK Human Rights Blog, 25th January 2012