R May Lean & Company Ltd v Gas and Electricity Markets Authority
| Jurisdiction | England & Wales |
| Judge | Mr Justice Mostyn |
| Judgment Date | 23 November 2016 |
| Neutral Citation | [2016] EWHC 3757 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/3706/2016 |
| Date | 23 November 2016 |
[2016] EWHC 3757 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Mostyn
CO/3706/2016
Mr Denis Edwards (instructed by Hill Dickinson) appeared on behalf of the Claimant
Mr Alan Bates (instructed by Solicitor to the Office of Gas and Electricity Markets) appeared on behalf of the Defendant
The issues are well known to the parties and do not need to be repeated by me in this extempore ruling. The fact that I have changed my mind more than once during the course of argument does demonstrate to me that the claim is arguable, although if I had to predict its outcome I would say that it is more likely than not — indeed far more likely than not — that the claim will ultimately fail.
I have also considered the fact that the essential relief that is sought by the claimant is a declaration that the European Regulation is in play, and I have considered in those circumstances why there should be the impediment of a permission requirement to seeking declaratory relief. I am aware, now, that authority has stated that where the declaration is being sought against a public body it should be done pursuant to Part 54, but that is not a principle that applies in the Family Division where declaratory relief in a public law context is regularly sought and adjudicated substantively without there being the requirement of a prior permission determination. It is not clear to me why in a public law context there should be more obstacles placed in the way of a claimant seeking access to justice, but I accept that that is what authority has determined. It does to my mind, however, where a declaration is being sought, push the threshold of arguability even lower.
So, I am satisfied that it is just arguable, and so I grant permission.
MR BATES: My Lord, I am sorry to take up more time but in those circumstances if I can raise one further issue, which is the matter of interested parties. There is a requirement on the claimant to serve the...
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