4 May 2015
Department of Energy and Climate Change v. Breyer Group plc and others  EWCA Civ 408, 28 April 2015 read judgment
In 2011, DECC decided to change the rules about subsidies for photovoltaic schemes, and caused substantial losses to those who had contracted or were about to contract on the basis of the more generous old subsidies.
This is prime territory for a damages claim under A1P1 ECHR. The Court of Appeal has recently dismissed an appeal by DECC against a decision of Coulson J (see my post here) supportive of such claims. The decision was on preliminary issues involving assumed facts, but important legal arguments advanced by DECC were rejected by the CA.