Struggling with escalating energy bills? Rising prices have revealed how hidden broker commissions, often built into tariffs without proper disclosure, have increased costs for thousands of businesses. Our specialist team is helping clients uncover and recover what they are owed.

Who we act for

We act for businesses and organisations of all sizes across sectors including SMEs, sports clubs, charities and professional practices.

What we do

We combine regulatory insight with litigation expertise across individual and group actions, pursuing claims for the recovery of undisclosed commission and associated losses.

What is energy mis-selling?

Brokers should not profit in secret. When they do, it’s energy mis-selling and it can cost your business thousands.

Common indicators include:

Commission described vaguely as a service or introducer fee that is built into the unit rate.
Limited or no evidence that alternative tariffs or suppliers were compared.
Commission or fees referenced in supplier contracts but not clearly surfaced by the broker during the sales process.

Hidden commissions are frequently built into the unit price of your energy and disguised as part of the energy cost itself, meaning you may have been overpaying without realising it.

A broker’s duty is to act in your best interests, not the supplier’s. When their advice is influenced by undisclosed payments, you may end up locked into an unsuitable and expensive contract.

Why it matters now

In recent years, Ofgem has introduced significant transparency reforms to tackle hidden broker commissions in business energy contracts.

Before October 2021: There was no requirement for brokers to disclose their commission arrangements, leaving many businesses unaware of fees embedded in their bills.
From October 2021: New regulations required greater transparency for microbusinesses, including explanations of charged and principal terms.
From October 2024: The duty of disclosure will extend to all non-domestic customers, alongside broader consumer protection regulations that require material information not to be omitted.

If your business entered an energy contract before October 2021, you may still be eligible to recover hidden commissions that would now be subject to enhanced disclosure requirements.

These changes demonstrate how the regulatory landscape has evolved to protect your business, but they also highlight how many businesses were left exposed before these reforms came into force.

Expert Tooling – what the Supreme Court appeal could mean for your business energy claims

The ongoing Expert Tooling v Engie case is one of the key legal developments in business energy mis-selling. The Court of Appeal’s 2025 judgment confirmed that brokers must clearly disclose any commission built into the tariff, particularly where the cost is added into the unit rate

The case is now going to the Supreme Court, which will consider whether “half-secret” commissions, where commission is mentioned but not sufficiently explained, should be treated in the same way as completely undisclosed commissions. The Court will also consider whether suppliers can be held responsible when these payments are hidden within the contract.

The decision is expected to set the standard for thousands of business energy claims. Many County Court cases have been paused pending the outcome, which is likely to influence claims not only in the energy sector but also in other markets where broker commission is built into pricing.

Our Financial Mis-Selling team is tracking the appeal closely so we can update businesses as soon as the Supreme Court provides clarity on disclosure obligations and liability.

Do I qualify?

You may have a claim if one or more of the following apply:

You used a broker to enter an energy contract.
Your contract was entered before October 2021.
You were not told, clearly and in writing, how the broker would be paid.
You were steered into a long-term or high-consumption tariff.
Your bills include a unit rate that appears out of market for that specific period.

Pricing

If your business is eligible, we may be able to act under a Conditional Fee Arrangement. This means you only contribute to our costs if your claim is successful. Our initial scoping and eligibility review are provided free of charge.

If you believe your business has a potential claim against an energy broker or supplier, contact our specialist team for clear guidance on next steps.

Yes. Contracts agreed before October 2021 are most likely to include undisclosed broker commission because disclosure rules were far weaker at that time. You may still have a claim for later contracts if the commission was not properly explained.

Time limits for bringing a claim generally run from the date the contract was entered, although in some cases later discovery of a concealed commission may affect the applicable limitation period. We will review your documents to confirm whether your claim is still within the relevant limitation period.

Potentially. Liability depends on the role each party played, and the level of disclosure provided. In some cases, claims can be brought against the broker, the supplier or both. We will review your documents and advise on the appropriate approach.

Compensation usually involves recovering the undisclosed commission built into your tariff and, in some cases, additional losses linked to any inflated pricing. The amount will depend on your usage, contract length and the scale of the commission.

No. Your supply should continue as normal. Claims relate to how the contract was arranged and priced, not to your ongoing supply of energy.

Key contact

Neil Stockdale

Partner

Neil is head of the firm’s group actions and financial mis-selling teams, specialising in handling claims for financial mis-selling relating to energy contracts, pensions, investments and timeshares.

Energy mis-selling claims