Zoe Dawson defends company against utility company's application for a warrant.
The Applicant utility company applied for a warrant for entry to the Respondent company’s premises in order to disconnect their electricity supply. The application was brought pursuant to the provisions of the Rights of Entry (Gas and Electricity Boards) Act 1954 and Electricity Act 1989. The premise for the application was that the company had accrued substantial arrears, and that, as a result of the outstanding debt, the Applicant was entitled to enter the property to disconnect the electricity supply and prevent further use.
The application was dismissed on the basis that the debt was clearly the subject of an ongoing dispute between the parties, and therefore the entitlement to enter and disconnect the supply did not arise, per Schedule 6 Paragraph 2(2).
The Applicants sought to make a further application for a warrant which was opposed on the basis that it was an oppressive attempt to re-litigate without a change in circumstances. The application was again dismissed.