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Tag Archives: Energy Charter Treaty

Solar energy businesses entitled to compensation arising from ministerial proposal to curtail incentives

Breyer Group Plc and others v Department of Energy and Climate Change In a recent decision, the High Court (Coulson J) found that a number of businesses were entitled to damages caused by a ministerial proposal to curtail government incentives in the solar energy sector. The High Court considered that the proposal, although not enacted and subsequently found to be unlawful, amounted to an unjustified interference with the claimants’ possessions, giving rise to an entitlement to damages. Although related to incentives in the solar energy sector, the findings of the