Major Turning Point for Business Energy Commission Claims Following Supreme Court Order

The leading energy commission case, Expert Tooling and Automation Limited v Engie Power Limited (the “Expert Tooling appeal”), has now concluded in favour of Expert Tooling, a result that marks a major turning point for businesses pursuing energy commission claims.

Following the findings of the Supreme Court in the landmark ruling in Hopcraft v Close Brothers Ltd [2025] (the widely reported “car finance judgment”), the parties to the Expert Tooling Appeal have agreed that the appeal against the earlier Court of Appeal decision should be allowed. The Supreme Court has now formally ordered that the appeal be allowed, and judgment entered for the claimant.

In a further clear signal to the market, the Supreme Court dismissed Engie’s cross-appeal in its entirety, confirming that it “does not raise an arguable point of law.”

This outcome firmly aligns energy commission claims with the Supreme Court’s reasoning in the car finance judgment, where the Court confirmed that, in the presence of a fiduciary relationship, only fully informed consent will suffice to prevent a breach of fiduciary. Anything less is insufficient.

For years, energy brokers and suppliers have operated against a backdrop of uncertainty. Widespread failures to properly disclose commission arrangements, expose brokers and suppliers to significant liability.

Victoria Myers, Director of Energy Solicitors, recognised the significance of the successful appeal and stressed the enormous scope of the ruling for the thousands of businesses who have been unknowingly overcharged. She said: “This outcome is a landmark moment. Energy suppliers can no longer hide behind secrecy or complex broker arrangements. This will give confidence to thousands of businesses across the UK to seek legal advice and consider action to reclaim the commission payment.

This marks a crucial moment in the fight against energy mis-selling. Brokers must now operate with full transparency and businesses are in a strong position to challenge unfair practices. We will be right by their side to ensure they successfully do that.”

The outcome delivers the long-awaited confirmation businesses have been waiting for. Removing legal obstacles, establishes a clear framework for liability, and opens the door for energy commission claims to progress and resolve at scale.

For affected businesses, the message is clear: the legal position has now been settled at the highest level, and the path to recovery is open.