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Fuel Rights Handbook 21st edition

Liability for negligence and improperly obtained warrants
A gas or electricity operator is protected against liability in civil law for acts in accordance with executing the warrant. However, a gas or electricity operator who gains entry under a warrant remains liable for any wrongful acts or defaults committed during the course of executing the warrant against the premises or where a warrant has been obtained in bad faith or for an improper purpose.1O’Keegan v Chief Constable of Merseyside [2003] 1 WLR 2197 Therefore, a fuel operator may be liable to action in negligence, trespass or nuisance where the warrant is executed against the wrong premises or where damage is caused in the process of disconnection. If a supplier knowingly tries to force entry without a warrant this is a criminal offence, such as criminal damage. Pecuniary losses which arise for wrongful disconnection may be recovered and can include claims for damage to reputation.2Say (t/a Corby Café) v British Gas Trading Ltd [2010] EWHC 3946 (QB) A householder who resists such entry is entitled to use reasonable force.3Criminal Damage Act 1971; Vaughan v McKenzie [1969] 1 QB 557 A warrant should not be granted for entry to premises where the debt relates to the unpaid bills of a previous occupier and a new occupier has moved in.4See R (on the application of MS Superstore Ltd) v Luton and South Bedfordshire Court [2013] EWHC 551 (Admin), CO/1046/2011
 
1     O’Keegan v Chief Constable of Merseyside [2003] 1 WLR 2197 »
2     Say (t/a Corby Café) v British Gas Trading Ltd [2010] EWHC 3946 (QB) »
3     Criminal Damage Act 1971; Vaughan v McKenzie [1969] 1 QB 557 »
4     See R (on the application of MS Superstore Ltd) v Luton and South Bedfordshire Court [2013] EWHC 551 (Admin), CO/1046/2011 »