Court action

As an alternative to seeking compensation from a supplier, if you have lost either electricity supply or gas under contract, you may bring a claim under contract or negligence through the civil courts (known as ‘delict’ in Scotland).

Claims may be brought in relation to the terms of the contract or with reference to section 14 of the Supply of Goods and Services Act 1982, which puts an implied term into every consumer contract for services that the service will be provided with a reasonable degree of competence and skill. Where there is a failure in the service, the provider may be liable to pay compensation for breach of this implied term.

Sums awarded by a court for nuisance and inconvenience arising from disruption of supply are likely to reflect those set out in the regulations. In addition, any losses which flow directly from the breach of supply and which are reasonably foreseeable as a result of power loss may also be recoverable. For example, these might include the cost of spoiled food in a freezer where power supply has been lost or where damage has been caused to a computer hard drive by a loss of power.

If a failure to supply power results in serious loss or damage or personal injury, legal advice should be taken on a claim.

It is possible that in extreme weather cases, energy companies will claim the benefit of a common law defence known as ‘Act of God’. If such a claim is raised, seek specialist advice.