Eco-Power.Co.UK Ltd, R (on the application of) v Transport for London & Anor

Eco-Power.Co.UK Ltd, R (on the application of) v Transport for London & Anor

The withdrawal of approval for Eco-Power's modified emission reduction system was lawful because it was based on credible technical evidence and expert advice showing lack of efficacy, and the approval was expressly subject to withdrawal if undesirable features became evident. No legitimate expectation arose beyond the conditional approval, and procedural fairness was satisfied by the opportunity to make representations.

Parties
Claimant: Eco-Power.co.uk Ltd; First Defendant: Transport for London; Second Defendant: Public Carriage Office
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed in respect of the third approval; permission to judicially review granted; first and second approvals to continue subject to agreement or undertaking.
Legal Topics
Judicial Review, Regulatory Approval, Legitimate Expectation, Procedural Fairness, Irrationality, Proportionality
Administrative Law Public Law Judicial Review Regulatory Approval Legitimate Expectation Procedural Fairness Irrationality Proportionality

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Parties

Eco-Power.co.uk Ltd

Claimant

Transport for London

First Defendant

Public Carriage Office

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the withdrawal of approval for Eco-Power's modified emission reduction system was lawful
  2. 2 Whether Eco-Power had a legitimate expectation to continue supplying its modified system
  3. 3 Whether the decision to withdraw approval was irrational or disproportionate

Ratio Decidendi

The withdrawal of approval for Eco-Power's modified emission reduction system was lawful because it was based on credible technical evidence and expert advice showing lack of efficacy, and the approval was expressly subject to withdrawal if undesirable features became evident. No legitimate expectation arose beyond the conditional approval, and procedural fairness was satisfied by the opportunity to make representations.

Court Disposition

Claim dismissed in respect of the third approval; permission to judicially review granted; first and second approvals to continue subject to agreement or undertaking.

Orders

  • Dismissal of claim regarding third approval
  • Permission to judicially review granted