Mis-Sold Business Energy Claims are scaling up and more litigators are moving into this market. The litigation solution is now essential to help businesses seek redress, justice and to survive extremely difficult times ahead.

The recent Government announcement to support businesses during the energy crisis is a welcome plan but the additional financial support doesn’t seek to address an underlying problem for businesses, namely the recovery of redress from losses suffered at the hands of unscrupulous brokers and energy suppliers.

From 1 October 2022, businesses will be able to request details of commissions paid or payable to brokers, via their energy supply contracts, directly from their energy supplier. This change, instigated by OFGEM as part of its 2022 decision and package of reforms, will help eradicate the hidden commission practices of countless brokers within the market looking forward but does not provide any remediation to cover losses brought about by the mis-selling and hidden commission practices that had been so prevalent in the market until this point. For many, if not all, the only way to obtain this redress is through litigation.

MIS-SOLD BUSINESS ENERGY CLAIMS – THE LANDSCAPE

Energy regulator Ofgem has vowed to crack down on ‘unscrupulous’ UK energy brokers to support businesses going forwards, but for the 90% of microbusinesses using an energy broker in 2020, many are likely to have fallen prey to one or more forms of mis-selling as a result of the lack of official regulation to protect them.

There is now a rising tide of litigation that stems from businesses becoming aware that the energy prices they have paid have included ‘secret’ commission levels that they knew nothing about and are therefore entitled to compensation for.

The increase of litigation in this area is brought about by the fiduciary duty that the broker owes to their business client. Alternatively, the business may also have a claim against the energy supplier for being an accessory to the broker’s breach of fiduciary duty.

The broker market has been loosely regulated and as a result business customers have been at risk of brokers (and by extension the energy suppliers) who manipulate pricing to allow for commission. The energy companies use brokers to sell their product and embedding the commission (in many cases) in their rate schedules.

Because energy suppliers are typically large, regulated utilities, they are the more attractive counter-party for litigation.

SpectraLegal Finance is already working with litigation teams that are leading on Mis-Sold Energy Claims, gathering essential market intelligence as they apply our specialist litigation funding solutions for this ever-growing market.

SpectraLegal remains committed to enabling consumers and businesses of all shapes and sizes access justice for the abuses they have suffered at the hands of large corporations. We expect business energy claims to remain a hotbed of litigation activity throughout the current energy crisis and beyond.

FUNDING MIS-SELLING OR UNFAIR COMMISSION CASES

We’re here to help litigators offer redress to businesses and help get money back into the economy.

If you’d like to discuss funding your mis-sold or unfair commission litigation cases with us – or are looking to expand your book of work in this field, please contact Matthew Gwynne today.

Find out more by visiting our Specialist Funding page.