Skip to content
CityAM
Main navigation
  • News
    • News
      • Latest Business News
      • Economics
      • Politics
      • Tech
      • Banking
      • FTSE 100 Live
      • Retail
      • Insurance
      • Legal
      • Property
      • Transport
      • Markets
    • From our partners
      • AON
      • Bayes Business School
      • Canada BIDs
      • Central London Alliance CIC
      • Destination City
      • Halkin
      • Olympia
      • Inside Saudi
      • Tottenham Hotspur Stadium
      • Santander X
      • YEAR SIX Dividend
    • Featured

      Rolls-Royce shares surge as SMR unit bags multi-billion pound Swedish nuclear contract

      Rendering of a small modular reactor (SMR) design showcasing compact and efficient nuclear energy solution

      Submit a story

      Tell us your story.

      Submit
  • Opinion
  • Sport
    • Latest Sports News
      • Sport
      • Sport Business
    • From our partners
      • The Morning Briefing: SBS x CityAM
      • Aramco Team Series
      • LIV Golf
    • Featured

      Royal Ascot worth £140m to UK economy

      Breaking news scene with journalists and cameras outside a government building, capturing a press conference in progress.

      Submit a story

      Tell us your story.

      Submit
  • Life&Style
    • Life&Style
      • Life&Style
      • Toast the City Awards
      • The Magazine
      • Travel
      • Culture
      • Motoring
      • Wellness
      • The RED BULLETiN
      • Do it with Shared Ownership
      • Media Speak Hub
    • Featured

      The best places to eat sandwiches in Lisbon, from bifanas to pregos

      Bifana do Afonsos famous bifana sandwich showcasing tender pork in a freshly baked roll with savory sauce.

      Submit a story

      Tell us your story.

      Submit
  • Investec
  • Events
  • Latest Paper
Friday 31 March 2023 10:49 am  |  Updated:  Tuesday 20 June 2023 9:12 pm

British Gas, Scottish Power and E.On LOSE High Court row over handling of Bulb sale – but it might not be over yet

By: CityAM Reporter

Add as a preferred source on Google
Court throws out former boss of Stobart Group Andrew Tinkler ‘conspiracy’ claim
The Royal Courts of Justice in London

Three major energy suppliers have lost their High Court challenge over the Government’s handling of the sale of collapsed energy firm Bulb.

Scottish Power, British Gas and Eon claimed an “unfair sale process” led to decisions “to commit billions of pounds of taxpayer money to facilitate the acquisition of a failed business” by rival firm Octopus Energy.

The three businesses brought legal action against the Government, alleging its decision-making process was “flawed and unlawful”.

But in a ruling on Friday, Lord Justice Singh and Mr Justice Foxton rejected the legal challenge.

The judges concluded: “In circumstances in which the Octopus transaction was the only bid to emerge from a lengthy M&A process which the Secretary of State was entitled to conclude was open, transparent and competitive, that was an assessment lawfully open to the Secretary of State.”

They added: “It was open to the Secretary of State on the material before him to conclude that the other options were inferior to proceeding with the Octopus bid, involving significant execution risks and higher forecast costs.”

British Gas owner Centrica said the ruling was “disappointing” and that it would now “consider our options.

A spokesperson said: “We think state bailouts for energy companies puts a burden on the UK taxpayer and is avoidable.

“We felt the original bailout of Bulb was unnecessary and the National Audit Office report this week concluded there were risks and uncertainties in recovering these funds from Octopus.”

They added: “The decision to bring this case was made after failed attempts to obtain transparency on the terms of the transaction and the level of state bail out being offered to Octopus/Bulb.

“We believe that the way the deal was structured creates serious risk for taxpayers and energy consumers and will distort the energy market.”

Michael Lewis, E.ON UK CEO, said: “A huge amount of public money has been used to subsidise this transaction and it’s absolutely correct that any use of public money to help a private company grow in this way should be thoroughly scrutinised.

“We will analyse the detail of today’s ruling and consider our next steps but we remain concerned about the amount of taxpayers’ money that has been used to subsidise the deal. Only an open, fair and transparent process would have ensured this truly represented value for money for the public and we still cannot see how this was the case with only one bidder in the key stage of the negotiations.

Read more

Energy giant clashes with HMRC at UK’s highest court over £28m penalty

UK energy power lines spanning a rural landscape, highlighting infrastructure and sustainability efforts in the energy sec...

“A recent NAO investigation found almost £3bn of taxpayer money would need to be repaid by Octopus for energy costs through winter 22/23 but the repayment won’t begin until 2024 or 2025. No other supplier gets to use taxpayers like a bank in this way, nor should they.”

How did it get to this and what will happen next?

It is understood that Scottish Power will not seek to appeal the ruling.

At a hearing in London last month, the judges were told that the handling of the sale allegedly prevented British Gas making a “better” offer that could have saved money for taxpayers.

British Gas’s legal team also claimed “the process by which the subsidy was granted was seriously lacking in transparency, openness, fairness and equal treatment”.

The energy companies challenged two decisions taken by the then Department for Business, Energy and Industrial Strategy (BEIS) in October and November: to approve the takeover and to provide “very substantial central Government funding” to help with the transfer.

The department’s lawyers said the claims against it were “without merit”, arguing that companies were aware they could seek Government support.

They said the department made “rational” decisions after expert advice that Octopus’s offer represented “the value that the market is placing on Bulb in the current sector environment”.

Unwinding the sale now would be “liable to cause chaos”, the Government’s lawyers warned.

Octopus argued its rivals’ complaints were a “rewriting of history” and that its purchase of Bulb would be “extremely beneficial” for the Government and taxpayers.

In October, Octopus announced a deal to buy its rival and take on Bulb’s approximately 1.6 million customers after the 650-employee firm was placed into special administration in November 2021.

It was later revealed in December that ministers were prepared to pay up to £4.5 billion to help fund the takeover of Bulb, but Octopus has claimed the Government stands to make a £1.19 billion profit from the transaction.

Press Association –  Tom Pilgrim

Read more

Reeves to protect energy and infrastructure projects from court challenges

Rachel Reeves speaking at an IOD event.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Energy

Related Topics

  • beis
  • E.On
  • Energy
  • Octopus Energy
  • Scottish Power

Trending Articles

  • London Tech Week sums up everything wrong with UK tech

  • Inflation expectations at record high in interest rates signal

  • KPMG’s Summer Friday half-day rollback signals deeper woes for Big Four giants

  • FTSE 100 Live: BP and Shell subdue City stock rally as oil price tumbles

  • New Gluten-Free Bread Binder Simplifies the Recipe — and Boosts Bread Quality

More from CityAM

  • Energy giant clashes with HMRC at UK’s highest court over £28m penalty

    Legal
    UK energy power lines spanning a rural landscape, highlighting infrastructure and sustainability efforts in the energy sec...
  • Reeves to protect energy and infrastructure projects from court challenges

    Legal
    Rachel Reeves speaking at an IOD event.
  • Jim Ratcliffe warns Britain’s energy policy is ‘all over the place’ as Ineos explores North America with Shell

    Energy
    Jim Ratcliffes Ineos operations at an offshore oil rig, showcasing industrial equipment and maritime environment.
  • ‘Lost for words’ – Treasury sparks uproar with push to cap supermarket food prices

    Retail
    Tesco supermarket exterior showcasing brand signage and entrance with shoppers entering and exiting the store.
  • Richard Desmond hit with £40m bill over ‘fanciful’ lottery feud

    Legal
    Richard Desmond's legal battle against Gambling Commission opened at High Court. Photo by Peter Macdiarmid/Getty Images
  • Starmer eases sanctions on Russian oil despite calls to ramp up North Sea drilling

    Energy
    North Sea oil terminal with storage tanks and docking facilities under a clear sky, highlighting energy infrastructure.
  • The City is paying the price for Britain’s energy failure

    Opinion
    UK energy power lines spanning a rural landscape, highlighting infrastructure and sustainability efforts in the energy sec...
  • Starmer scrambles to limit fuel shortage hit

    Politics
    Sir Keir Starmer discusses fuel supply policies, addressing concerns in a press conference setting, with media presence.
  • Terms & Conditions
  • Privacy Policy
  • Cookie Policy
  • News
  • Markets & Economics
  • Politics
  • Opinion
  • Life&Style
  • Personal Finance

Follow us for breaking news and latest updates

  • Facebook
  • X
  • Instagram
  • LinkedIn
Copyright 2026 CityAM Limited