GAS and Electricity Markets Authority v GB Energy Supply Ltd

The court found that GB Energy Supply Ltd is unable to pay its debts within the meaning of the Insolvency Act 1986, satisfying the conditions for licence revocation. The Authority is entitled to revoke the licences and appoint a Supplier of Last Resort to protect market stability and consumer interests.

Parties: Claimant/applicant: Gas and Electricity Markets Authority; Defendant/respondent: GB Energy Supply Ltd
Jurisdiction: England and Wales
Judgment Date: 21 December 2016
Procedural Posture: Application for Declaration / Judgment
Outcome: Declaration granted
Legal Topics: Revocation of Energy Supply Licence, Supplier of Last Resort, Insolvency of Energy Supplier, Urgent Regulatory Intervention

Insolvency Energy Law Administrative Law Revocation of Energy Supply Licence Supplier of Last Resort Insolvency of Energy Supplier Urgent Regulatory Intervention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 9

Parties

Gas and Electricity Markets Authority

Claimant/applicant

GB Energy Supply Ltd

Defendant/respondent

Procedural Posture

Application for Declaration / Judgment

Legal Issues

1 Whether GB Energy Supply Ltd is unable to pay its debts within the meaning of the Insolvency Act 1986
2 Whether the conditions for revocation of the energy supply licences are satisfied
3 Whether urgent intervention is justified to protect market participants and consumers

Ratio Decidendi

Court Disposition

Declaration granted

Orders

Declaration that GB Energy Supply Ltd is unable to pay its debts within the meaning of the Insolvency Act 1986
Declaration that the condition set out in Schedule 2(1)(f)(i) of each of the licences is satisfied