An electricity company has cut off power to a commercial property under a warrant against A (previous tenant) to disconnect power. The current occupier (B) (in occupation under a licence from the landlord) was accordingly left without power. Can B claim damages from the electricity company and if so, what is the measure of damages and do you have any Precedents for claims of this nature?

Under paragraph 3 of Schedule 6 to the Electricity Act 1989 (EA 1989), the pre-existing licensed electricity supplier in respect of the premises is likely to be deemed to have contracted with the current occupier for the supply of electricity. Under EA 1989, Sch 6, para 3(6), the relevant electricity supplier is obliged to publish the terms and conditions that apply in the case of such deemed contracts, and therefore these terms and conditions should be available on the relevant supplier’s website. The relevant supplier’s deemed contract should therefore be reviewed for the caps on liability and measures of damage that will apply.

While the conditions of electricity suppliers’ supply licences (available on the Ofgem website: