High Court rules in favour of SolarPV industry over FiT cuts
The High Court has ruled in favour of 14 British solar and construction companies, giving them victory in the critical legal issues trial of their damages claim against the Government following unlawful policy changes in 2011 to the Feed-in Tariff for generating clean electricity. They were represented by energy-specialist firm Prospect Law.
The companies issued the claim in 2012, calling on the Government to rectify the damage caused to solarPV business by unlawful policy changes announced by the then Energy Minister Greg Barker in October 2011. The group is seeking £132 million in compensation from the Department of Energy & Climate Change following the decision to retrospectively introduce early cuts to the Feed-in Tariff, which the industry reckons led to the loss of 6000 jobs in a ‘fledgling industry’, and the industry shrinking by 25%.
The £132 million claim reflects the extent of the commercial damage of the Government’s action in 2011, and Prospect Law can now pursue the quantum side of the claim on behalf is its clients.
The damages awarded will be decided according to the value of contracts lost as a result of the Government’s actions and is to be confirmed in the coming months following a submission to the courts by Prospect Law. The average size of the claims is £6 million, with individual claims ranging from £250 000 to tens of million of pounds.