What are energy litigation claims?

It’s important to know your rights as a consumer, especially when it comes to things like energy. Companies that provide gas and electricity should be clear and honest with their customers about how much things cost, what plans are available, and any extra fees. This is especially important for businesses, who rely on fair and accurate information to make smart decisions.

Energy litigation claims encompasses legal disputes arising from disagreements over energy costs, services, contracts, billing, or undisclosed commissions. These cases typically involve claims for financial compensation due to alleged unfair business practices, contractual breaches, or fraudulent activities within the energy sector.

Common areas of dispute include:

• Energy costs: Energy disputes can arise over a range of issues related to pricing. Consumers or businesses might challenge unreasonably high prices, alleging price gouging, market manipulation, or collusion among energy providers. Additionally, disagreements over rate increases, including claims of insufficient notice or justification, can lead to litigation.
• Energy services: When energy companies fail to deliver promised services, such as consistent power supply, maintenance, or energy efficiency programs, customers may seek compensation. This includes situations where service interruptions, like extended power outages due to negligence or inadequate infrastructure, cause financial losses.
• Contracts: Energy contracts can be a source of legal disputes. These often involve allegations of breach of contract, where one party fails to fulfil its obligations. Misrepresentation or fraud, such as false promises about energy efficiency, can also lead to litigation.
• Billing: Incorrect or disputed energy bills are a common cause of litigation in the energy industry. Consumers or businesses may challenge overbilling resulting from errors, improper meter readings, or fraudulent activities. Additionally, unauthorised charges or disagreements over billing calculations, including the application of tariffs or rates, can lead to legal action.
• Secret commissions: Undisclosed payments or benefits received by agents or intermediaries involved in energy contracts can lead to litigation. These practices, often linked to corruption or bribery, can result in long term inflated prices, unfavourable contract terms, or reduced competition. Affected parties may seek compensation for financial losses and demand the return of undisclosed commissions.

Expert Commercial Law assist businesses and individuals with claims against their energy suppliers, whether it is electricity or oil and gas, we can help. We have a panel of law firms who we can connect you with to start your claim. Please get in touch with us today to find out more.

What remedies are available when going through energy litigation?

When going through energy litigation, the remedies available can be categorised into several key types depending on the nature of the dispute and the desired outcome. These remedies are aimed at addressing the harm suffered by the claimant and ensuring a fair resolution of the conflict.

Financial Compensation

• Damages: This is the most common remedy, where you receive money to compensate for your losses. This could include overpaid bills, costs incurred due to power outages, or other financial damages.

Contract Changes

• Contract Termination: In some cases, you might be able to end your contract with the energy company.
• Contract Modification: The terms of your contract might be changed to be fairer or more accurate.

Legal Orders

• Injunction: This is a court order stopping the energy or gas company from doing something harmful, like continuing to overcharge you.
• Specific Performance: This is a court order making the energy company do something they promised, like providing a certain level of service.

It is worth noting that many people often seek to avoid energy litigation because it can be time-consuming, expensive, and adversarial, potentially damaging relationships and reputations. Litigation’s formal and rigid process can lead to unpredictable outcomes. Alternatively, dispute resolution methods like mediation or arbitration/international arbitration offer more flexibility, privacy, and control over the outcome.

How can Expert Commercial Law assist?

Expert Commercial Law have a panel of energy claims experts and solicitors on hand. Most of the firms on our panel will be happy to assist on your energy litigation case on a no win no fee basis.

If you would like to find out more about the energy litigation claims process, contact us today.

Your appointed solicitor will review the specifics of your situation and assess the validity of your energy claim. They will examine contracts, documents, and evidence to determine whether there are grounds for pursuing a claim. They will also negotiate with suppliers and brokers on your behalf. If an agreement cannot be reached through negotiation, your solicitor can represent you at Court.

Start your claim with our energy claims experts today!

We are not a firm of solicitors. However, we have a panel of commercial law solicitors who are authorised and regulated by the Solicitors Regulation Authority. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm.

Our solicitors can also help with a number of other commercial claims, such as partnership disputes, breach of contract and CCJ removal.