Judgement: Croxen v Gas and Electric Markets Authority

The judgment deals with novel and complex issues regarding the rights of Ofgem and Suppliers of Last Resort to claim in the insolvencies of energy supply companies.

The judgment provides needed clarity in relation to the obligations owed by failed energy suppliers and more generally in relation to the law of unjust enrichment. In particular, the judgment covers: (1) the construction of statutory provisions relating to obligations imposed on licensed suppliers of electricity to provide certificates certifying that they have acquired electricity from renewable sources, or to make payment in lieu; and (2) the legal requirements for a claim in unjust enrichment arising from a third party’s discharge of a debt (including the non-availability of passing on as a free-standing defence in the UK).