Legal battle over RHI put on hold for four months

A LEGAL challenge to the cutting of Renewable Heat Incentive payments is to be delayed until the autumn.

The High Court was told yesterday that an economic analysis provided on behalf of a group of boiler owners has added “a new dimension” to proceedings.

Mr Justice Deeny agreed to relist the case for a three-day hearing in October.

More than 500 members of the Renewable Heat Association NI Ltd are seeking to judicially review the decision to reduce payments guaranteed for up to 20 years.

They claim there was no legal power for the move, and that Stormont officials must have known tariff rates for those signed up to the original 2012 scheme could not be altered retrospectively.

Proceedings began last month, only to be adjourned due to issues over parallels being drawn with case law.

With the hearing scheduled to resume next week, counsel yesterday revealed a fresh development in the case being mounted by the applicants.

Tony McGleenan QC, for the department, told the court that an expert analysis of economic matters has been submitted.

“That’s a new dimension in the case... it’s our assessment that I will not be able to provide a response within the present timescale,” he said.

Gerald Simpson QC, for the association, pledged to “move heaven and earth” to have the case ready to resume in the autumn.

Agreeing to adjourn until October, Mr Justice Deeny confirmed: “In the light of this evaluation matter I can’t hear the case next week.”