Court of Appeal updates: will DECC be granted an appeal?

The Court of Appeal met at 9.30 this morning to decide the fate of the UK solar industry, gathering to make a decision on whether to grant the Department of Energy and Climate Change (DECC) a hearing for its appeal against the High Court’s December ruling on UK solar feed-in tariffs.

According to our sources, the judge at the Court of Appeal has indicated that DECC will be granted leave to appeal, however confirmation of the judge’s decision is not expected until approximately 11.30.

If DECC is granted leave to appeal, it will be heard this afternoon – although a final judgment is not expected immediately.

If the appeal is granted it could overturn the High Court’s December decision, allowing the Government to proceed with its proposed cuts to the solar feed-in tariffs for systems up to 50kW, meaning 21p will be secured for installations up to 4kW until April 1, 2012.

12.00pm

No word from the Court of Appeal as yet, however the decision is expected any minute now. Most of our sources seem to suggest that DECC will be granted a hearing.

1.00pm

The court case is put on hold for lunch and will resume at 2pm. Government put forward a very thorough response, however, it is expected that another hours will be needed so a decision not likely today.

2.50pm

Both sides continue to put forward their case. Strong arguments from both sides but still no decision.

This page will be updated as new information comes in.

4:00pm

There will be no announcement from the Court of Appeal today. Lord Judge Lloyd has been reported to comment: “We know you want an answer as soon as possible, but we can't give it to you today.”

4:40pm

The Court of Appeal has reserved judgment over DECCs appeal against the High Court’s decision on solar subsidies. The judges said that it would be optimistic to expect a judgment next week but they would do everything they could to get the judgment released by February 9. Our sources strongly indicate that leave to appeal will be granted.

Commenting on the case, a renewable energy lawyer said: “This is a frustrating result for many companies in the solar PV industry who were hoping for some clarity today. The judges clearly understand the need to get this issue resolved and have said that they will try to get the decision out by 9 February. In the meantime, all companies and investors can do is sit tight and wait.”