On 4 November 2026, the Court of Appeal handed down judgment in SmartestEnergy Business Ltd v Odeon Arcade Ltd. The case began as an application to restrain advertisement of a winding-up petition, which was determined on a point of statutory construction concerning paragraph 3(1) of Schedule 6 to the Electricity Act 1989. 

Having been restrained from advertising the petition, the petitioner (SmartestEnergy Business Ltd) appealed to the High Court before succeeding in the Court of Appeal.

The Court of Appeal gave permission for the second appeal due to the general importance of the point of statutory construction: this decision will have significant implications for many electricity supply customers throughout the country, particularly those who are tenants.

Andrew Westwood KC and Eoin MacLachlan acted for the successful appellants in their appeal. They were instructed by Charles Robinson and Daniella Bithray of Wedlake Bell.

Read the judgment in full: SmartestEnergy Business Ltd v Odeon Arcade Ltd {2026} EWCA Civ 1412