R (SSE Generation Ltd) v Gas and Electricity Markets Authority
[2019] EWCA Civ 1081
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Ofgem's decisions on the methodology for allocating transmission charges are subject to judicial review on conventional public law grounds, but the court will respect the regulator's specialist expertise in technical matters.
Facts
SSE challenged Ofgem's decision on the allocation of transmission charges, arguing the methodology was irrational and failed to take account of relevant considerations.
Judgment Summary
The Court of Appeal held that Ofgem's decision was lawful. The court emphasised that it would not substitute its own judgment for the regulator's on technical economic matters, but would review whether the decision was within the range of reasonable responses.
Key Quotes
"The court must respect the specialist expertise of the regulator in matters of economic assessment and technical methodology."
— Lindblom LJ
Subsequent Treatment
Part of the jurisprudence on judicial review of economic regulators.
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