The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act.
Held: It was for the government not the courts to decide policy issues on expenditure, and to set appropriate budgets. The Minister had been free to take into account the substantial increases in fuel costs in deciding that it was not reasonably practicable to implement the Act. Without a challenge as to the rationality of the decision taken, it was not for the court to intervene.
Judges:
Sir Mark Potter, President, Lord Justice Maurice Kay and Lord Justice Lloyd
Citations:
[2009] EWCA Civ 810
Links:
Statutes:
Warm Homes and Energy Conservation Act 2000
Jurisdiction:
England and Wales
Citing:
Appeal from – Friends of the Earth and Another v Secretary of State for Business Enterprise and Regulatory Reform and Another Admn 23-Oct-2008
The court refused to grant the declaration requested by the claimant that it had failed in its statutory duties in not implementing properly the 2000 Act. . .
Lists of cited by and citing cases may be incomplete.
Administrative, Environment
Updated: 30 July 2022; Ref: scu.368594