R (SSE Generation Ltd) v Gas and Electricity Markets Authority
[2019] EWCA Civ 1081
判决理由
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.
事实
SSE challenged Ofgem's decision on the allocation of transmission charges, arguing the methodology was irrational and failed to take account of relevant considerations.
判决摘要
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.
关键引述
"The court must respect the specialist expertise of the regulator in matters of economic assessment and technical methodology."
— Lindblom LJ
后续处理
Part of the jurisprudence on judicial review of economic regulators.