Choose your path and get a fast SME energy quote or a domestic energy switching quote in minutes. Upload a recent bill, compare energy rates, and let us handle the switch—no supply interruption, no hidden fees, full commission disclosure.
In a landmark decision that will send shockwaves through the UK energy market, the Supreme Court has ruled decisively against the practice of “secret” and “half-secret” broker commissions.
For years, we at EnerBiz have campaigned for total clarity in energy billing. We believe that you cannot make the right choice for your business if the costs are hidden. This week, the highest court in the land agreed with us.
Here is the “meat” of the ruling, the case details, and—most importantly—what this means for your business’s bank balance.
Two major cases have converged to change the law: Hopcraft v Close Brothers Ltd and the subsequent ruling in Expert Tooling and Automation Limited v Engie Power Limited.
Historically, many energy brokers operated in a “half-secret” grey area. They would tell you, “We may be paid a commission,” but they wouldn’t tell you how much it was, or that it was hidden inside your unit rate (p/kWh).
Suppliers and brokers often argued that this vague disclosure was enough. The Supreme Court has now ruled that it is not.
The Court confirmed that if a broker owes a “fiduciary duty” (a duty of trust) to their client, they must obtain fully informed consent. This means they must disclose:
If they failed to do this, the commission is considered a “bribe” or “secret profit,” and the business is entitled to claim it back.
This ruling is a massive victory for Small and Medium Enterprises (SMEs), who have historically been the hardest hit by these hidden uplifts.
If you used an energy broker in the last few years (excluding your current EnerBiz contract), and they did not explicitly tell you the exact value of their commission in pounds and pence, that contract may now be legally challengeable.
This ruling exposes why some “cheaper” quotes weren’t actually cheaper. Unscrupulous brokers often inflated the unit rate to hide their fee.
This legal update brings the rest of the industry in line with what EnerBiz has always practiced.
We have always separated “energy costs” from “non-energy costs” because we believe transparency builds trust. When we present a proposal, we don’t hide our service fees in a murky unit rate.
Our Transparency Approach:
The Supreme Court ruling vindicates this approach. It proves that the “old way” of doing business—where brokers treated your bill as a place to hide extra revenue—is not just unethical; it is now legally indefensible.
1. Audit Your Past Contracts Look at your previous energy contracts (from other providers). Did the broker state exactly how much they were earning? If not, you may have a valid claim for reimbursement.
2. Demand “Fully Informed Consent” Moving Forward Never sign a new energy contract unless the broker/TPI (Third Party Intermediary) discloses their full fee in writing.
3. Stick with Transparency At EnerBiz, we are already compliant with these high standards. If you are worried about hidden costs in your current procurement strategy, talk to us. We will show you the true cost of your energy, with nothing to hide.
