Government use of the LCF increasingly unappealing

The government’s explanation that the Levy Control Framework, and any purported overspend within it, can be used to justify any policy u-turn it deems appropriate is to be ruled over by three Court of Appeal judges in the coming weeks.

Any decision reached is likely to have significant repercussions on the solar industry. A victory for DECC will all but approve the way in which it has made retrospective policy decisions and open up the possibility for others, but a win for the appellants will heap additional scrutiny on more recent policy announcements.