GDFC Assets Limited v Carol Heaney & Anor

GDFC Assets Limited v Carol Heaney & Anor

The Upper Tribunal held that regulation 30(3)(c) is a qualifying condition for a green deal plan but does not require written notification; oral notification suffices. The First-tier Tribunal erred in law by requiring written notification and by failing to consider the effect of sanctions on the provider in the proportionality assessment. The evidence showed the required notification was given. The correct approach to proportionality under regulation 79 requires considering the impact on the provider. The Secretary of State's original sanction of reduction was proportionate and should be restored.

Parties
Appellant: GDFC Assets Limited; First Respondent: Carol Heaney; Second Respondent: Secretary of State for Energy Security and Net Zero
Jurisdiction
England and Wales
Judgment Date
06 November 2024
Procedural Posture
Appeal From First Tier Tribunal (general Regulatory Chamber) / Upper Tribunal (administrative Appeals Chamber) Final Judgment
Outcome
Appeal allowed; First-tier Tribunal decisions set aside; Secretary of State's sanction of reduction restored; Ms Heaney's appeal dismissed.
Legal Topics
Green Deal Plans, Statutory Interpretation, Sanctions and Proportionality, Mis Selling of Financial Products, Human Rights (a1 P1 Echr)
Energy Law Administrative Law Consumer Protection Green Deal Plans Statutory Interpretation Sanctions and Proportionality Mis Selling of Financial Products Human Rights (a1 P1 Echr)

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Parties

GDFC Assets Limited

Appellant

Carol Heaney

First Respondent

Secretary of State for Energy Security and Net Zero

Second Respondent

Procedural Posture

Appeal From First Tier Tribunal (general Regulatory Chamber) / Upper Tribunal (administrative Appeals Chamber) Final Judgment

Legal Issues

  1. 1 Whether failure to comply with regulation 30(3)(c) of the Green Deal Framework Regulations 2012 means an energy plan is not a green deal plan
  2. 2 Whether notification under regulation 30(3)(c) must be in writing or can be oral
  3. 3 Whether the First-tier Tribunal erred in its approach to proportionality and sanction under regulation 79

Ratio Decidendi

The Upper Tribunal held that regulation 30(3)(c) is a qualifying condition for a green deal plan but does not require written notification; oral notification suffices. The First-tier Tribunal erred in law by requiring written notification and by failing to consider the effect of sanctions on the provider in the proportionality assessment. The evidence showed the required notification was given. The correct approach to proportionality under regulation 79 requires considering the impact on the provider. The Secretary of State's original sanction of reduction was proportionate and should be restored.

Court Disposition

Appeal allowed; First-tier Tribunal decisions set aside; Secretary of State's sanction of reduction restored; Ms Heaney's appeal dismissed.

Orders

  • The decisions of the First-tier Tribunal dated 29 December 2021 and 5 July 2023 are set aside.
  • The Upper Tribunal gives the decision the First-tier Tribunal ought to have given: Ms Heaney's appeal from the Secretary of State’s sanction decision of 6 October 2020 is dismissed.