Cemex UK Cement Ltd. v. Department for the Environment, Food and Rural Affairs

Summary:

A United Kingdom court dismissed an action by a cement company, which asserted that a change in the commissioning rule during Phase II of the National Allocation Plan (NAP) seriously disadvantaged one of its plants, violating the principle of equity. The court held that there was inevitably an element of "rough justice" in the commissioning rule and there is no reason for unusually protracted comissioning difficulties at an individual cement factory to be treated any differently from other difficulties such as marketing, labor or management maintenance problems.

At Issue: Challenge to new commission rule under the United Kingdom National Allocation Plan