Farmiloe, R (on the application of) v Secretary of State for Business Energy and Industrial Strategy & Anor

Farmiloe, R (on the application of) v Secretary of State for Business Energy and Industrial Strategy & Anor

Ofgem acted within its statutory powers in requiring a new EPC under the broad residual powers of the 2014 Regulations. The claimant had no legitimate expectation to have his application determined solely on the original EPC, as neither the regulations nor guidance provided an unqualified assurance. The delay in processing was not unreasonable given the complexity and volume of applications. Differential treatment due to the high value of the claim was justified and not irrational. The only unlawful aspect was the internal review being conducted by a person involved in the original decision, which was conceded and a fresh review offered.

Parties
Claimant: THE QUEEN on the application of 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
Outcome
Claim dismissed except as to the conceded unlawful review; fresh review to be offered.
Legal Topics
Judicial Review, Legitimate Expectation, Statutory Interpretation, Delay in Public Decision Making, Discrimination in Administrative Decisions
Administrative Law Energy Law Public Law Judicial Review Legitimate Expectation Statutory Interpretation Delay in Public Decision Making Discrimination in Administrative Decisions

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Parties

THE QUEEN on the application of 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

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 processing the claimant's application

Ratio Decidendi

Ofgem acted within its statutory powers in requiring a new EPC under the broad residual powers of the 2014 Regulations. The claimant had no legitimate expectation to have his application determined solely on the original EPC, as neither the regulations nor guidance provided an unqualified assurance. The delay in processing was not unreasonable given the complexity and volume of applications. Differential treatment due to the high value of the claim was justified and not irrational. The only unlawful aspect was the internal review being conducted by a person involved in the original decision, which was conceded and a fresh review offered.

Court Disposition

Claim dismissed except as to the conceded unlawful review; fresh review to be offered.

Orders

  • Claim for judicial review dismissed on all grounds except the conceded breach of regulation 62(4) regarding the review process.
  • Defendants to offer the claimant a fresh review not involving any person previously involved in the decision.