2014

News and Legal Cases/Activity from Prospect Law

October – December:

  • Prospect successfully defends a North London local authority from Judicial Review proceedings in the High Court concerning environmental offences (December 2014)
  • Prospect represents a solar  developer in registering an option for lease over agricultural land near Boston, Lincolnshire (December 2014)
  • Prospect issues application for permission to the Court of Appeal concerning its Judicial Review challenge in relation to amendments to the RO scheme for large scale solar PV (December 2014)
  • Prospect represents the Respondent Local Authority in the Court of Appeal concerning the case of Hussain v Brent Council [2014] EWCA Crim. 2344, a challenge to a Proceeds of Crime Act 2002 award of £500,000 made in connection with environmental offences in North London  (November 2014)
  • Prospect instructed to represent objectors to a proposed wind development affecting a Repton designed landscape and listed buildings in North Norfolk (November 2014)
  • Prospect appears in a Court of Appeal hearing concerning the Proceeds of Crime Act 2002 in relation to environmental offences (November 2014)
  • Prospect appears at Public Inquiry representing Wokingham Borough Council concerning the unlawful development of land for a mobile home park in Berkshire (November 2014)
  • Prospect instructed by the Royal Borough of Windsor and Maidenhead to appear in a High Court appeal concerning a Tree Replacement Notice in relation to protected woodland (November 2014)
  • Prospect represents a large scale solar developer in registering an option for lease over agricultural land in Maldon, Essex (October 2014)

July – September:

  • Prospect submits Skeleton Argument for its Judicial Review challenge on behalf of 4 firms relating to DECC’s May 2014 consultation exercise on withdrawal of ROCs for 5 mw plus Solar PV installations (September 2014)
  • Prospect cross appeals on the scope of ECHR Article 1 Protocol 1 “possessions” in relation to the judgment of Coulson J on the preliminary trial of legal issues for 14 claimant firms in its action against DECC for damages on unlawful alterations to FiTs for sub 50 kw peak solar PV systems (September 2014)
  • Prospect secures convictions for environmental offences on behalf of Brent London Borough Council in Magistrates’ Court prosecutions under s.179(2) of the Town and Country Planning Act 1990 (September 2014)
  • Prospect advises UK developer on call in application and appeal to the High Court concerning wind development in North Wales (August 2014)
  • Prospect advises UK developer in relation to call in application and appeal to the High Court concerning a ground based solar PV farm in East Anglia (August 2014)
  • Prospect successfully advises in relation to a TRN appeal concerning protected woodland adjacent to ancient woodland and an SPA RAMSAR site in Berkshire (August 2014)
  • Weds 9th July 2014 – The High Court has today ruled in favour of 14 British solar and construction companies represented by energy specialist firm Prospect Law giving them victory in the critical legal issues trial of their damages claim against the Government. This follows the 2011 unlawful policy changes to the payment for generating clean electricity, the Feed-in Tariff (FIT). Read the Press Release and the Q&A
  • Judgment handed down by High Court Judge Mr Justice Coulson in the preliminary trial of legal issues for Prospect Law’s ground breaking £132m Damages Claim against DECC in respect of the October 2011 FITs review announcement by Greg Barker MP. The Judge has sided with Prospect’s claim, and has concluded: (i) that the claimant firms had “possessions” within the meaning of A1P1 of the ECHR, (ii) that these possessions were unlawfully interfered with by the DECC announcement on FITs, (iii) that this unlawful interference was not justified, and (iv) that the claimant firms are entitled to “just satisfaction” to compensate them for the losses they incurred. Prospect will now pursue the quantum side of the claim against DECC (July 2014)

April – June:

  • Prospect presents a workshop at a UKTI sponsored conference in Budapest dealing with decommissioning and radioactive waste management issues affecting existing and new build nuclear programmes (June 2014)
  • Prospect granted an interim injunction and leave to Judicially Review the grant of planning permission affecting listed premises in Hampshire (June 2014)
  • Prospect instructed to advise a number of renewable energy firms on a High Court challenge to subsidy changes affecting large scale solar installations (June 2014)
  • Prospect instructed on further High Court injunction proceedings affecting contaminated land in Berkshire (June 2014)
  • Prospect acting on behalf of banks completes loans and security documentation for various wind projects in England (May 2014)
  • Prospect invited to assist at upcoming inter-Governmental IFNEC conference in Jordan on Small Nuclear Reactors (May 2014)
  • Prospect submits the Claimants’ joint Skeleton Argument in its £132m Claim against DECC for unlawful retrospective cuts to FITs rates on sub 50 kwp solar PV systems (April 2014)
  • Prospect conducts 6 day Public Inquiry into planning/environmental enforcement notices concerning unlawful residential development in southern England (April 2014)
  • Prospect appears in the Court of Appeal for further committal proceedings for breach of a s187B injunction concerning an unlawful waste recycling/scrap operation and mobile home park in southern England (April 2014)
  • Prospect drafted Option and Lease and grazing licence for 6MW ground based PV system in southern England (April 2014)
  • Prospect completed legal due diligence and taking of security for lender to multiple wind projects across the UK (April 2014)

January – March:

  • Prospect instructed to appear in the Court of Appeal representing Wokingham Borough Council in a challenge against the High Court’s decision to impose custodial sentences for contempt of court for breach of an injunction concerning environmental offences in Berkshire (March 2014)
  • Prospect instructed to draft precedent option and lease for major ground-based PV farm investor (March 2014)
  • Prospect instructed with Prospect Energy to conduct full legal and technical due diligence on two separate wind developments in the Midlands (March 2014)
  • Prospect instructed to appear at a Public Inquiry concerning protected BAP Priority Habitat wet woodland in South-East England (March 2014)
  • Prospect instructed in Court of Appeal challenge to a committal for Contempt of Court by the High Court for planning offences in South-East England (March 2014)
  • Prospect instructed in Court of Appeal challenge to an award under the 2002 Proceeds of Crime Act for environmental offences in London (February 2014)
  • Prospect appears on behalf of solar company in High Court injunction proceedings relating to the conduct of the Renewable Energy Consumer Code (February 2014)
  • Prospect obtains ground breaking Planning Enforcement Order concerning environmental offences in London (January 2014)
  • Prospect instructed to issue committal proceedings concerning breaches of a planning injunction dealing with environmental offences in south-west England (January 2014)
  • Prospect instructed in Court of Appeal challenge to confiscation award under the Proceeds of Crime Act 2002 for environmental offences in North London (January 2014)
  • Prospect completes on loan to wind development in the Midlands (January 2014)
  • Prospect instructed on 3 wind developments in the Midlands and Yorkshire (January 2014)
  • Prospect instructed with Prospect Energy on wind development for international conglomerate (January 2014)