Belfast Telegraph

Court grants full appeal to local boiler owners over payment cuts

- BY ALAN ERWIN

BOILER owners facing reduced RHI payments following a court ruling are to have their appeal heard in full next year, it was confirmed yesterday.

Senior judges had raised the possibilit­y of a narrow re-examinatio­n of the case focused on the flawed scheme’s cost over just one year.

But proceeding­s will instead be widened out to all areas of dispute about the potential bill for a 20-year period.

Lord Chief Justice Sir Declan Morgan listed the challenge for a two-day hearing in February.

He told parties in the Court of Appeal: “Both of you, despite encouragem­ent you may have got from the bench, are quite content to have a go at everything.

“It’s your case, not ours. Therefore, you should be allowed to have a go at everything and we will just hear the appeal.”

More than 500 members of the Renewable Heat Associatio­n NI Ltd are challengin­g the Department of the Economy for cutting their tariff rates.

They claim it was an unlawful step taken against operators with a cast-iron, 20-year guaranteed rate of return on their investment­s.

Set up to encourage businesses and other non-domestic users to move to green energy systems, the scheme was plunged into controvers­y after the potential cost to taxpayers emerged.

With operators legitimate­ly able to earn more cash the more fuel they burned, the bill was projected at up to £490m — a figure fiercely disputed by the associatio­n.

According to its lawyers, the overspend could end up being as low as £60m.

However, the department responded by claiming the cost could actually have reached £700m without the new cost controls.

Last December, a High Court judge identified a clash between the private interests of the boiler owners and the public interest asserted by the department.

He ruled that introducin­g the capped tariffs did not represent an abuse of power.

 ??  ?? Confirmati­on: Sir Declan Morgan
Confirmati­on: Sir Declan Morgan

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