Infinis Energy Holdings Ltd v Her Majesty's Treasury and another

Environment – Protection. The Court of Appeal, Civil Division, dismissed an appeal by the appellant company renewable energy generator following dismissal of its judicial review challenge to the withdrawal of the renewable source electricity exemption. The appellant could not, according to the relevant test, bring itself within the principle of protection of legitimate expectations that the exemption would continue in place and that reasonable notice of not less than one complete financial year would be given before it was removed. Further, the withdrawal had been pursuant to a legitimate object and, in the context of proportionality, and in the absence of any legitimate expectation, a loss of the kind that the appellant alleged it had suffered had little, if any, weight when set against the public interest as judged by Parliament.

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