5. Using the civil courts

CPAG

There are two types of civil court action in the field of fuel rights – ordinary court action and judicial review through the High Court. In England and Wales, the relationship between the consumer and the supplier is based on contract law or the law of tort, with remedies available through the civil courts depending on the amount of harm or damage involved. Judicial review is used for actions against state bodies and regulatory authorities and bodies which may be exercising statutory functions. While it is possible for a supplier to be fined for breaches of its obligations by Ofgem, as well as sued for breach of contract or in tort by you, there is not necessarily any separate claim for compensation available simply for breach of a supplier’s obligations at law.1Morrisons Sports Ltd v Scottish Power UK plc [2011] UKSC 1

In Scotland, a consumer’s relationship with a public electricity supplier/regional electricity company or transporter is statutory, and so any claim is based on a breach of a statutory duty. This may mean that you have to pursue your remedies through Ofgem.2Morrisons Sports Ltd v Scottish Power UK plc [2011] UKSC 1 On the other hand, Ofgem is also subject to judicial review.3R v Electricity Commissioners ex parte London Electricity Joint Committee Co [1923] All ER Rep 150; Npower Direct Ltd and other companies v Gas and Electricity Markets Authority (Competition and Markets Authority intervening) [2018] EWHC 3576

1 Morrisons Sports Ltd v Scottish Power UK plc [2011] UKSC 1 »

2 Morrisons Sports Ltd v Scottish Power UK plc [2011] UKSC 1 »

3 R v Electricity Commissioners ex parte London Electricity Joint Committee Co [1923] All ER Rep 150; Npower Direct Ltd and other companies v Gas and Electricity Markets Authority (Competition and Markets Authority intervening) [2018] EWHC 3576 »

Details

Fuel Rights Handbook 20th edition

At a time when fuel poverty is affecting more and more households, CPAG’s Fuel Rights Handbook provides advisers with the information they need to help their clients cope with rising fuel bills, debt and problems with their fuel supply.

Covering all aspects of the rights of gas and electricity consumers in England, Wales and Scotland, including liability, dealing with arrears and preventing disconnection, complaints, and the latest energy efficient schemes. With an emphasis on the legal protection of vulnerable consumers, and on practical advice pursuing complaints and compensation, this handbook provides essential information on the reduction and prevention of fuel poverty.

This Handbook is an essential resource for consumer advisers, lawyers, social workers, advice agencies and anyone who is worried about their own fuel supply.

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CPAG

This content was last updated:2022-10-21

Print ISBN 9781910715796

Word count120,798

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5. Using the civil courts

Fuel Rights Handbook 20th edition

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