*Breyer Group plc and others v Department of Energy and Climate Change

Contract – Property. The defendant introduced a scheme to encourage small-scale low carbon generation installations. It amended the scheme by a proposal. Judicial review proceedings concluded that the proposal was unlawful. The claimants brought a claim maintaining that the damage was done to them by the simple making of the proposal. They sought damages against the defendant pursuant to art 1 of the First Protocol to the European Convention on Human Rights (A1P1) on the basis that the proposal was an unjustified interference with their peaceful enjoyment of their possessions. The Queen's Bench determined certain preliminary issues and decided that, as a matter of general principle, the claimants would be able to recover damages for the wrongful interference with their possessions.

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