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dave andrews

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Jan 14, 2012, 9:49:45 AM1/14/12
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Sally is a top energy lawyer.................


Hi Laurence

 

I attach a note for the website on the outcome of DECC's day in the Court of Appeal. I also attach the 'here…' as a PDF file. It's DECC's skeleton argument. It isn't a wow of a case - but what it seems to show is that the case being argued by the other side isn't so hot. If the summary is righ, DECC could well win.

 

Could you delete the front-page ticker tape on the RHI and replace it with 'Court of Appeal news for solar FITs'.

 

Many thanks.

 

Sally

 

 

 

The Solar PV Appeal by DECC       

 

Nothing has gone to plan.

 

Friday 13 January was to be the day on which:

 

(a)   DECC would apply for leave to appeal against the decision of the High Court that (in sum) it acted illegally in proposing to  cut the solar FIT tariff by the amount and in the timeframe it proposed; and

 

(b)   having been granted leave, its appeal would be heard and the Court would retire without giving judgement;

 

(c)   that judgement would be given on 20 January; and

 

(d)   finally, on 30 January, DECC would publish its plans for the future, taking account of the Court’s judgement.

 

The court hasn’t yet taken the first decision. A DECC spokesman said: "The Court of Appeal has not yet decided whether to give permission for an appeal or made a judgement on the FITs case. The Court will wrap up the decision on permission for an appeal and a possible judgement if an appeal is allowed in the next few weeks.”

 

A decision is expected now on 9 February.

 

A copy of the argument by DECC has been released: …..

 

 

Sally Barrett-Williams 

Partner                            

THE CARBON CATALYSTS GROUP

 

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note for website.docx
decc_skeleton_argument1.pdf

James Birkin

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Jan 15, 2012, 10:13:39 AM1/15/12
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i am having difficulty finding the actual decision - has it been published yet?

 

James Birkin

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Sally Barrett-Williams

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Jan 15, 2012, 10:33:12 AM1/15/12
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It's hard to see how you missed it: the attached gives all the information you need.

James Birkin

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Jan 15, 2012, 6:55:38 PM1/15/12
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Sorry not being clear here - the first instance judgment as handed down

 

Regards

 

James

Sally Barrett-Williams

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Jan 16, 2012, 3:47:48 AM1/16/12
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It wasn't made available, though it can be bought. I don't have a copy - which is why I make the deductions I do from DECC's skeleton argument.

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