Briefing: The East Anglia One North and East Anglia Two Offshore Windfarm Litigation - FTB

In this breakfast seminar, Hereward Phillpot KC and Hugh Flanagan will discuss the main issues arising in the cases and how these may be relevant for existing and future projects.

The Supreme Court has recently refused permission to appeal in each of the legal challenges to the development consent orders for the EA1N and EA2 offshore windfarms.The issues include the non-objection and confidentiality clauses in Heads of Terms agreed with landowners which were at issue in Suffolk Energy Action Solutions SPV Ltd v SSESNZ [2014] EWCA Civ 277. They also include the multiple issues arising in Substation Action Save East Suffolk Ltd v SSESNZ [2024] EWCA Civ 12, notably the flood risk sequential test, generating capacity, and cumulative effects. Hereward Phillpot KC and Hugh Flanagan acted for the project promoters throughout the litigation.