CH-2025-000101 - [2025] EWHC 2975 (Ch)

This is an appeal from the order of Deputy ICCJ Agnello KC (as she then was) (“the Judge”) dated 19 March 2025 whereby she restrained the Appellant, Smartestenergy Business Limited (“SBL”), from giving notice of or advertising a winding up petition (“the Petition”) presented on 2 April 2024 against the Respondent, Odeon Arcade Limited (“Odeon”), and dismissed the Petition with costs.

Permission to appeal was granted by Richard Smith J on 16 July 2025.

SBL was represented before me by Mr Eoin MacLachlan of Counsel, and Odeon by Mr Andrew Shipley of Counsel. I am grateful to them both for their helpful oral and written submissions.

The appeal concerns the proper interpretation of paragraph 3(1) of Schedule 6 to the Electricity Act 1989 (“the 1989 Act”), which provides as follows:

“(1)

Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time (“the relevant time”) when he so began to supply electricity.”