Joseph Barrett KC and Rupert Paines appeared successfully for the Gas and Electricity Markets Authority (“GEMA”) in The King (Intelligent Land Investments Group plc) [2026] EWHC 336 (Admin).
The Claimant, ILI, applied for the award of a cap and floor arrangement pursuant to the Government’s scheme to catalyse the roll-out of a new generation of ‘long duration electricity storage’ (“LDES”) assets to support the Government’s energy transition policies.
Unfortunately, ILI failed to submit a complete and compliant application before the applicable deadline. It subsequently sought to rectify this failing arguing that the model had been completed before the deadline and that its omission was the result of a ‘mere’ clerical error. However, GEMA concluded that the late submission of the financial model should not be accepted.
ILI sought judicial review, contending GEMA’s decision was in breach of procedural fairness and/or the Tameside duty of inquiry.
Following an expedited ‘rolled-up’ hearing the High Court (Linden J) dismissed the claim on all grounds (and refused permission to apply for judicial review).
The judgment provides helpful guidance on the application of procedural fairness and other public law principles to competitive processes for the award by public bodies of valuable legal rights/benefits.
Joseph Barrett KC and Rupert Paines of 11KBW appeared successsfully for GEMA, leading Barney McCay of Landmark Chambers.
A copy of the judgment can be found here:
