Marshell Oil LLP v Environment Agency
[2023] UKFTT 948 (GRC)
Buccaneer Holdco Limited v The Environment Agency
27 January 2023
[2023] UKFTT 331 (GRC)
First-tier Tribunal
A company was fined for not doing an energy check on time. They eventually did it, but very late. The judge kept part of the fine but made the money part smaller because they eventually did the check.
Key Facts
- •Buccaneer Holdco Limited appealed a Civil Penalty Notice (CPN) issued by the Environment Agency under the Energy Savings Opportunity Scheme Regulations 2014 (ESOS Regulations).
- •The CPN imposed a £3,750 financial penalty and a publication penalty for failing to comply with an Enforcement Notice by the September 13, 2021 deadline.
- •The Appellant finally complied on September 12, 2022, almost a year late.
- •The appeal was determined on the papers.
- •The Appellant argued for a waiver or reduction of the financial penalty and cancellation of the publication penalty.
- •The Respondent suggested reducing the financial penalty to £3,188.
Legal Principles
Appeal against a penalty notice can be made on grounds of error of fact, error in law, or unreasonableness.
ESOS Regulations, regulation 48(1)
The Tribunal has the power to cancel, affirm (with or without modification), or instruct the scheme administrator regarding a penalty notice.
ESOS Regulations, regulation 50
Outcomes
Appeal partially successful.
The publication penalty was affirmed due to the extended duration of the breach. The financial penalty was reduced to £3,188 due to the belated compliance, which wasn't considered when the original penalty was set.