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13 August 2009
Issue: 7382 / Categories: Legal News , Environment
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Friends of the earth?

An attempt to claim the government failed to implement its fuel poverty strategy has failed in the Court of Appeal.

 An attempt to claim the government failed to implement its fuel poverty strategy has failed in the Court of Appeal.

In Friends of the Earth and Ors v Secretary of State for Energy [2009] EWCA Civ 810, the charity claimed the government had a duty to meet its targets on eradicating fuel poverty whatever the cost.

The government said it faced budgetary constraints because of rising fuel prices.

The Warm Homes and Energy Conservation Act 2000 requires that government strategy must “specify a target date for achieving the objective of ensuring that as far as reasonably practicable persons…do not live in fuel poverty”.

Much of the debate before the court centred on whether the phrase, “as far as reasonably practicable”, implied a duty on the part of the government to try to reach, or to achieve, targets.

In his judgment, Lord Justice Kay said: “Until recently, one would not have expected legislation to impose upon

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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