R (Infinis) v Gas and Electricity Markets Authority

Michael Fordham QC and Tristan Jones acted for the Claimants in a Judicial Review against the Gas and Electricity Markets Authority’s decision not to grant accreditation for Renewables Obligation Certificates to be awarded in respect of electricity generated by their power stations.

The Court of Appeal found in the Claimants’ favour. It also held that the Claimants are entitled to receive compensation under Article 1 of the First Protocol of the European Convention on Human Rights in respect of the loss which they had suffered in consequence of the Authority’s unlawful decision. This is the first time in which A1P1 compensation has been granted in a regulatory context such as this, and the case sets an important precedent.