Energy in UK Law

Leading Cases
  • Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others
    • Court of Appeal (Civil Division)
    • 18 February 2014

    Section 70(3) of the Planning Act provides that section 70(1), which confers the power to grant planning permission, has effect subject to, inter alia, sections 66 and 72 of the Listed Buildings Act. Section 70(2) requires the decision-maker to have regard to "material considerations" when granting planning permission, but Parliament has made the power to grant permission having regard to material considerations expressly subject to the section 66(1) duty.

    For these reasons, I agree with Lang J's conclusion that Parliament's intention in enacting section 66(1) was that decision-makers should give "considerable importance and weight" to the desirability of preserving the setting of listed buildings when carrying out the balancing exercise. I also agree with her conclusion that the Inspector did not give considerable importance and weight to this factor when carrying out the balancing exercise in this decision.

  • Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
    • Chancery Division (Patents Court)
    • 21 July 2005

    The first is merely the trite principle that the addressee of the specification is the person skilled in the art, who approaches the document with the common general knowledge. Second, there may be obscurities and difficulties in a claim that cannot be resolved by an appeal to context. Finally, and most importantly, over-meticulousness is not to be equated to carefulness. Care in working out what the patentee was aiming at when he chose the words he used is absolutely necessary.

  • Lloyde v West Midlands Cas Board
    • Court of Appeal (Civil Division)
    • 12 March 1971

    It means that a plaintiff prima facie establishes negligence where: (1) it is not possible for him to prove precisely what was the relevant act or omission which set in train the events leading to the accident; but (ii) on the evidence as it stands at the relevant time it is more likely than not that the effective cause of the accident was some acts or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for the plaintiff a safety.

  • Manchester, Lord Mayor, Aldermen and Citizens of the City of v Farnworth
    • House of Lords
    • 28 November 1929

    The onus of proving that the result is inevitable is on those who wish to escape liability for nuisance, but the criterion of inevitability is not what is theoretically possible but what is possible according to the state of scientific knowledge at the time, having also in view a certain commonsense appreciation, which cannot be rigidly defined, of practical feasibility in view of situation and of expense.

  • Aidan Jones v Jane Margaret Mordue (First Respondent) Secretary of State for Communities and Local Government (Second Respondent) South Northamptonshire Council (Third Respondent)
    • Court of Appeal (Civil Division)
    • 03 December 2015

    When an expert planning inspector refers to a paragraph within that grouping of provisions (as the Inspector referred to paragraph 134 of the NPPF in the Decision Letter in this case) then — absent some positive contrary indication in other parts of the text of his reasons —the appropriate inference is that he has taken properly into account all those provisions, not that he has forgotten about all the other paragraphs apart from the specific one he has mentioned.

  • Schlumberger Holdings Ltd v Electromagnetic Geoservices as
    • Court of Appeal (Civil Division)
    • 28 July 2010

    I think one can draw from this case that the Court, in considering the skills of the notional “person skilled in the art” for the purposes of obviousness will have regard to the reality of the position at the time. What the combined skills (and mind-sets) of real research teams in the art is what matters when one is constructing the notional research team to whom the invention must be obvious if the Patent is to be found invalid on this ground.

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Legislation
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Books & Journal Articles
  • Solar Energy
    • Contents
    • Renewable Energy from Wind and Solar Power
    • William Webster
    • 205-226
  • Mapping Global Energy Governance
    • No. 2-s1, September 2011
    • Global Policy
    The challenges inherent in energy policy form an increasingly large proportion of the great issues of global governance. These energy challenges reflect numerous transnational market or governance ...
  • Nuclear energy.
    • No. 2011, January 2011
    • Financial Management (UK)
    • Prime number
    ...The leak of radioactive material from Japan's tsunami-damaged Fukushima nuclear power plant has been a blow for the industry. Governments in countries such as Germany and Italy have come 0 under increased pressure to roll back their investment plans ......
  • Energy Technique.
    • No. 2002, May 2002
    • Financial Management (UK)
    • Roberts, Louisa
    • On The Move
    ...Steve McNeice FCMA has been appointed group finance director and company secretary of Energy Technique. He was previously finance director of ET Environmental (formerly Benson Environmental). In his new role, McNeice will consolidate and strengthen t......
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Law Firm Commentaries
  • WTO - Energy Services
    • Mondaq United Kingdom
  • UK green energy outlook
    • JD Supra United Kingdom
    In the first quarter of 2019, the amount of energy provided by renewable sources overtook fossil fuels in the UK. For the first time, the share of renewable energy (including solar, wind and renewa...
  • Energy Brexit: initial thoughts
    • JD Supra United Kingdom
    In the energy sector, as elsewhere, it is far too early to give any definitive view on the effects of the UK electorate’s vote to leave the EU, or to offer a comprehensive analysis of the merits of...
  • The Brexit – Energy Markets
    • JD Supra United Kingdom
    The UK electorate has now voted in favour of the UK leaving the European Union. The impact on the energy market may be significant given the economic uncertainty and impact on the regulatory envir...
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Forms
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