R (on the application of Drax Power Ltd) v Secretary of State for Energy and Climate Change

Neutral Citation Number: [2014] EWCA Civ 1153 Case No: C1/2014/2396 & C1/2014/2396(A) IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE ADMINISTRATIVE COURT Mrs Justice Andrews DBE [2014] EWHC 2377 (Admin) Royal Courts of Justice Strand, London, WC2A 2LL Date: Thursday 7th August 2014 Before : LORD JUSTICE LAWS LORD JUSTICE RICHARDSand LADY JUSTICE GLOSTER – – – – – – – – – – – – – – – – – – – – – Between : The Queen (on the application of Drax Power Limited) Claimant/ Respondent – and – Secretary of State for Energy and Climate Change Defendant/Appellant – – – – – – – – – – – – – – – – – – – – – (Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) – – – – – – – – – – – – – – – – – – – – – Martin Chamberlain QC and Oliver Jones (instructed by The Treasury Solicitor) for the Appellant Tim Ward QC, Duncan Sinclair and Daisy Mackersie (instructed by Herbert Smith Freehills LLP) for the Respondent Hearing date : 1 August 2014 – – – – – – – – – – – – – – – – – – – – – Judgment Lord Justice Richards : This case concerns a decision by the Department of Energy and Climate Change (DECC) that Drax Power Limited (Drax) did not qualify for an Investment Contract (IC) in respect of Unit 3 at the Drax Power Station in North Yorkshire.