Appendix 4: Draft court claim
This appendix gives a precedent for a court claim in England and Wales against an electricity supplier for breach of its duty to supply or against a gas or electricity supplier for breach of contract. Hopefully, this is useful for advisers who are not familiar with this area of the law. This draft claim is put in the county court which is where most claims will be heard.
IN THE ____________________________ COUNTY COURT Case No:________
-X- ELECTRICITY PLC or
-Y- GAS PLCDefendant
PARTICULARS OF CLAIM
1. The Defendant is a [gas/electricity] supplier and is licensed to supply [gas/electricity] to an authorised area, within the meaning of the [Gas Act 1986/Electricity Act 1989]. The said authorised area includes the premises known as and situated at [your address] (’the premises’) which are [owned/occupied] by the Claimant.
[For electricity supplied under contract:]
The Defendant supplies electricity to the Claimant in accordance with its Designated Supply Contract as defined by Condition 42 of the Second Tier Electricity Supply Licence.
The Claimant has been a customer of the Defendant since [insert date when you started paying the bill at present address] and is now supplied pursuant to a contract in accordance with the Gas Acts 1986 and 1995.
3. [For gas or electricity supplied under contract:]
It is an express term of the said contract that the Defendant shall give a supply and continue to give a supply to the Claimant.
4. In breach of the [provisions of the Electricity Act 1989/said term of the contract] set out in paragraph 3 above, the Defendant has failed to [give/continue supply to the premises].
PARTICULARS OF BREACH
[Set out here concisely the facts of the situation on which you would rely as supporting your case in court – below is an example]
On 26 October 2021, representatives of the Defendant came to the premises and found a hole in the side of the [electricity/gas] meter. The meter was removed by the said representatives on the same day. The Claimant has been without a supply since then.
The Defendant demanded the sum of £ [INSERT SUM] for the damage to the meter and for disconnection and reconnection charges and this was paid on 4 November 2021.
The Defendant’s claim, by letter dated 10 November 2021, that the Claimant owes the further sum of £[INSERT SUM] in respect of [electricity/gas] supplied but not registered on the damaged meter and refuse to reconnect supply until this sum is paid. The Claimant does not know how this sum is calculated and genuinely disputes that any part of it is owed.
5. Further, the Defendant is in breach of [Schedule 6 paragraph 1(9) of the Electricity Act 1989/Schedule 2B paragraph 7(5) of the Gas Act 1986 – cannot disconnect when sum genuinely in dispute].
PARTICULARS OF BREACH
The Claimant relies on the particulars set out in paragraph 4 above.
6. By reason of the matters aforesaid, the Claimant has suffered loss, damage, nuisance, inconvenience, anxiety and distress.
PARTICULARS OF DAMAGE
[Again, what follows below is an example]
The Claimant lives at the premises with her husband, John, and two daughters: Helen (5 years old) and Joanna (3 years old). John and Joanna both have asthma which is made worse by cold conditions.
The Claimant has been unable to use the central heating system at the premises and has had to buy coal and paraffin to heat the premises this costs an average of £00.00 a [day/week].
Because there is no working cooker or fridge/freezer, the Claimant and her family have had to eat meals out. On average, £00.00 more is spent on each meal than if it had been made at home.
7. Further, the Claimant claims interest pursuant to section 69 of the County Courts Act 1984 on such sums as may be found due to the Claimant, at such rate and for such period as the court shall think fit.
AND THE CLAIMANT CLAIMS:
1. A declaration that the Claimant does not owe the Defendant the sum of £00.00 or any other amount in respect of the supply of [electricity/gas].
2. An injunction requiring the Defendant to install a new meter at the premises and to restore supply forthwith.
4. Further and other relief as the Court sees fit.
6. Interest pursuant to the County Courts Act 1984 section 69 as aforesaid.
Dated this _________ day of ________________________________ Year ____
Solicitor for the Claimant