Remedies where giving effect to a legitimate expectation would be ultra vires: drawing inspiration from a recent renewable energy judicial review

The unusually detailed permission decision of Fordham J in R (Woodboilers LLP) v Gas and Electricity Markets Authority [2020] EWHC 1578 (Admin) – a challenge by a renewable energy company to the decision by the Gas and Electricity Markets Authority ("Ofgem") to cease making subsidy payments under a statutory scheme for the provision of environmentally friendly domestic heating systems – provides useful guidance on how to establish a legal error and secure a meaningful remedy in circumstances where the relevant public body would be acting ultra vires in giving effect to a legitimate expectation.

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