Farmiloe, R (on the application of) v Secretary of State for Business Energy and Industrial Strategy & Anor [2019] EWHC 2981 (Admin) (07 November 2019)

Farmiloe, R (on the application of) v Secretary of State for Business Energy and Industrial Strategy & Anor [2019] EWHC 2981 (Admin) (07 November 2019)

Ofgem had statutory power under the 2014 Regulations, specifically regulation 18(1)(d) and Part 2 of Schedule 4, to require a new EPC as additional information when considering an application for accreditation. The claimant failed to establish a legitimate expectation as neither the Regulations nor Ofgem's guidance provided an unqualified assurance that a new EPC would not be required. Ofgem's delay was regrettable but not unlawful given the complexity and high value of the application. There was no unlawful discrimination as Ofgem's actions were justified by the circumstances.

Citation
[2019] EWHC 2981 (Admin)
Parties
Claimant: Daniel Justin Farmiloe; First Defendant: Secretary of State for Business Energy and Industrial Strategy; Second Defendant: The Gas and Electricity Markets Authority
Jurisdiction
England and Wales
Judgment Date
07 November 2019
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Legitimate Expectation, Statutory Interpretation, Renewable Energy Subsidies, Ultra Vires, Delay in Public Decision Making, Discrimination in Public Law
Administrative Law Energy Law Public Law Judicial Review Legitimate Expectation Statutory Interpretation Renewable Energy Subsidies Ultra Vires +2 more

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Parties

Daniel Justin Farmiloe

Claimant

Secretary of State for Business Energy and Industrial Strategy

First Defendant

The Gas and Electricity Markets Authority

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Ofgem had statutory power to require a new Energy Performance Certificate (EPC) from the claimant under the Domestic Renewable Heat Incentive Scheme Regulations 2014
  2. 2 Whether the claimant had a legitimate expectation that his application would be determined on the basis of the EPC submitted
  3. 3 Whether Ofgem unreasonably delayed the processing of the claimant's application

Ratio Decidendi

Ofgem had statutory power under the 2014 Regulations, specifically regulation 18(1)(d) and Part 2 of Schedule 4, to require a new EPC as additional information when considering an application for accreditation. The claimant failed to establish a legitimate expectation as neither the Regulations nor Ofgem's guidance provided an unqualified assurance that a new EPC would not be required. Ofgem's delay was regrettable but not unlawful given the complexity and high value of the application. There was no unlawful discrimination as Ofgem's actions were justified by the circumstances.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed
  • Ofgem to offer a fresh review of the decision by a different officer, as conceded