5. Using the civil courts

• Legal funding
• Emergency legal representation
• Using the small claims procedure in the county court
• England and Wales
• Scotland
• Disputes over £10,000 (£5,000 in Scotland)
• Claims for harassment and damages
• Injunctions/interdicts
• Damages
• Judicial review
• Human Rights Act 1998
• Remission of court fees

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 a supplier can 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 (Admin)

 

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 (Admin) »