Heaney v The Secretary of State for Business, Energy & Industrial Strategy & Anor [2022] UKFTT 416 (GRC) (16 November 2022)

HELMS failed to comply with the written notification requirement under regulation 30(3) regarding improvement-specific instalments, breaching a qualifying condition. The plan is not a Green Deal plan. The severity of mis-selling and substantive loss suffered by Ms Heaney warrant cancellation as the appropriate sanction.

Citation: [2022] UKFTT 416 (GRC)
Parties: Appellant: Carol Heaney; First Respondent: Secretary of State for Business, Energy & Industrial Strategy; Second Respondent: GDFC Assets Limited; Intervener: Energy Consumers Commission
Jurisdiction: United Kingdom
Judgment Date: 16 November 2022
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal allowed
Legal Topics: Green Deal Scheme, Mis Selling, Sanctions, Energy Performance Certificates, Consumer Credit, Regulatory Compliance

Regulatory Law Consumer Protection Energy Law Green Deal Scheme Mis Selling Sanctions Energy Performance Certificates Consumer Credit +1 more

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6

Parties

Carol Heaney

Appellant

Secretary of State for Business, Energy & Industrial Strategy

First Respondent

GDFC Assets Limited

Second Respondent

Energy Consumers Commission

Intervener

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether Ms Heaney's energy plan qualifies as a Green Deal plan
2 Whether HELMS breached statutory and Code of Practice requirements
3 Appropriate sanction for breach

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Sanction of cancellation imposed on Ms Heaney’s energy plan with effect from 19 March 2019