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R British Gas Trading Ltd v Gas and Electricity Markets Authority (OFGEM)

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
JudgeMrs Justice Whipple
Judgment Date10 May 2019
Neutral Citation[2019] EWHC 1795 (Admin)
CourtQueen's Bench Division (Administrative Court)
Docket NumberNo. CO/5219/2018
Date10 May 2019
Categories

[2019] EWHC 1795 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Before:

Mrs Justice Whipple

No. CO/5219/2018

Between:
The Queen on the Application of British Gas Trading Limited
Claimant
and
Gas and Electricity Markets Authority (OFGEM)
Defendant

Mr M. Fordham QC, Mr J. Holmes QC, Mr P. Woolfe and Mr S. Kuppen (instructed by Towerhouse LLP) appeared on behalf of the Claimant.

Mr A. Maclean QC, Miss J. Boyd and Mr T. Coates (instructed by OFGEM Legal) appeared on behalf of the Defendant.

Mrs Justice Whipple
1

I am grateful for all submissions. I am persuaded, on the basis of what I have heard this morning and read in advance, that this claim is properly arguable. Permission for judicial review is therefore granted.

2

I express no view on the merits. It may well be that Mr Maclean will be able to press some of the points that he has made before me at the substantive hearing, and that they may yet provide an answer to the claim, I just do not know.

3

However, as everybody in court knows, the permission stage is a summary stage, to see whether the claim should proceed to full hearing. The threshold is relatively low. The principle is that litigants should be able to bring their claims to court if those claims are properly arguable. I conclude that this is a properly arguable claim, so it will proceed.

4

I should also say, and I would like recorded in the order, that I have expressly considered, as I was invited to do, the provisions of s.31(3C) of the Senior...

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