Electricity in UK Law

I am not persuaded that as a consequence of this review the appellant is being unfairly treated. They are in fact receiving the appropriate subsidy for someone incurring the costs involved in developing their particular technology. It is true that they were not obtaining the windfall resulting from the increase in electricity prices which they would have received had no error been made. It does not follow that it was unfair and an abuse of power to carry out a full review.

The RO scheme provides financial incentives for the creation of generation capacity from renewable sources. It does this in the form of Renewables Obligation Certificates ("ROC"). These are certificates issued to operators of accredited renewable generating stations in respect of the eligible renewable electricity that they generate.

To be eligible within the RO scheme electricity must be generated by a station that has been accredited by Ofgem as capable of generating renewable electricity in respect of which ROCs may be issued. The RO scheme is hence a demand led scheme with all generation satisfying the relevant conditions being accredited. For solar PV it is a relevant condition that the generating station must exceed 50 kilowatts in size.

This reveals that attempts to set up a joint venture vehicle in the form of a corporate body came to nothing, as between CGTL, Energa, ATE and the Alamanis Group which is also referred to elsewhere in the documents as Alfa or Alfalfa. The document refers to a joint venture with ATE from which it later withdrew.

Dr Imamovic gave evidence in support of his case whilst CGTL called Mr Contomichalos, a Director and the person at CGTL who was responsible for the trading of electricity in Greece. On nearly all the points which mattered, the evidence of each contradicted that of the other. Their evidence of what passed between them was irreconcilably different.

Notwithstanding the fact that English was not his first language (which I bear in mind), he was articulate but gave long answers which often failed to respond to the question. His major problem was that e-mails and faxes sent by him at the time did not correspond with the evidence set out in his witness statement or that given by him in the witness box as to what occurred. In his submissions he himself described the messages as embarrassing.

In my opinion, on vesting date the Appellants would have been able to issue a Writ containing a Statement of Claim claiming payment of the money, which statement would not have been struck out as disclosing no cause of action.