Charles Robinson
- Partner
- Utilities
Wedlake Bell Utilities team succeeds in landmark Court of Appeal case on behalf of SmartestEnergy
Wedlake Bell acted for both SmartestEnergy as appellant and British Gas as intervener in the case of SmartestEnergy Business Ltd v Odeon Arcade Ltd. The case concerned an important question for the energy and property sectors: who is liable for electricity supplied to a multi-occupied building through a single bulk meter where there is no express contract in place?
The Court of Appeal has now found in SmartestEnergy’s favour, allowing the appeal and overturning the decisions of the courts below. Wedlake Bell had also obtained permission for British Gas to be joined as an Intervener due to the issue being of general public importance.
The Court held that where a premises supplied through a single bulk meter has more than a single occupier, the owner is liable to the supplier under a deemed contract for the electricity supplied.
This is an important decision which provides much-needed clarity for electricity suppliers, landlords and tenants of multi-occupied properties, including blocks of flats and multi-occupied commercial buildings. The judgment recognises the practical reality that landlords are best placed to manage arrangements for sub-metering and recovering the cost of electricity from individual occupiers.
Wedlake Bell’s specialist Utilities Team, led by Charles Robinson, and Daniella Bithray, acted for both SmartestEnergy and British Gas.
Judgement can be found here: SmartestEnergy Business Ltd v Odeon Arcade Ltd [2026] EWCA Civ 1412 (04 November 2026)
Meet the team:
Daniella Bithray
- Solicitor
- Utilities
