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Electricity – Supply. The claimant owned a power station, but intended to become a predominantly biomass fuelled generator. In order to do so, it applied for an investment contract from the government. The Department of Energy and Climate Change, to which the defendant Secretary of State had delegated the decision, determined that the claimant satisfied its selection criteria at the initial application stages, but decided that, at the final application phase, the claimant did not satisfy its selection criteria and was ineligible. The claimant sought judicial review of the decision. The Administrative Court, in allowing the application, held that the decision was Wednesbury unreasonable.
Electricity – Supply. The claimant owned a power station, but intended to become a predominantly biomass fuelled generator. In order to do so, it applied for an investment contract from the government. The Department of Energy and Climate Change, to which the defendant Secretary of State had delegated the decision, determined that the claimant satisfied its selection criteria at the initial application stages, but decided that, at the final application phase, the claimant did not satisfy its selection criteria and was ineligible. The claimant sought judicial review of the decision. The Administrative Court, in allowing the application, held that the decision was Wednesbury unreasonable.
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By Louise Crush of Westgate Wealth Management
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