Brick Court Chambers

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‘One of the super-sets’, Brick Court Chambers is ‘an all-round strong’ set with ‘a large selection of high-quality competition law specialists’, ‘top commercial counsel’, ‘an excellent chambers for banking litigation’, and a ‘go-to’ set for public administrative law.
The Legal 500 2020
The clerks’ room ‘sets the benchmark’ for other sets with its ‘friendly, knowledgeable, and hardworking’ clerks.
The Legal 500 2020
"An outstanding commercial set with a track record of excellence across its core areas of work."
Chambers & Partners 2018
"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."

Challenge to Renewables Obligation Order dismissed


The Court of Appeal today dismissed a challenge by Tate & Lyle, the sugar manufacturer, to the level of subsidy allocated to 'co-firing with combined heat and power' (CoCHP) in the Renewables Obligation Order. The Government had initially made a calculation error in determining CoCHP's allocation. Correcting the error in an 'early review', the Government had been entitled to re-assess the appropriate level of subsidy using up-to-date cost and revenue data, even though other technologies continued to be subsidised on the basis of historical data, which may have been more favourable to them. The Court, dismissing Tate & Lyle's appeal against the decision of Lord Justice Moses at first instance, accepted that a decision-maker reconsidering a flawed decision was in general entitled to take into account the facts obtaining at the time of the reconsidered decision. The only exceptions were cases where the unfairness amounted to an abuse of power. The error in the present case did not amount to an abuse of power as that term had been explained in the authorities.

The judgment is here.

Martin Chamberlain represented the Secretary of State for Energy and Climate Change.