We believe that Manx Gas have fallen foul of over 15 pieces of UK Case Law when it comes to their actions in the last 12 months. Given the gravitas of having over 90 people on the bring of disconnection, we need to have an eye on establishing Manx Case Law in 2024 as a matter of urgency.
What is 'Case Law' and why is it so important?
Case law, also known as common law or judicial precedent, refers to laws that originate from court decisions rather than statutes enacted by legislative bodies. It is developed by judges through their decisions in court cases, where they interpret existing laws, regulations or even previous court rulings. Over time, these judgments become a guide for future decisions, thus forming a substantial part of the legal makeup.
The importance of case law as precedent is immense. It provides stability and predictability in the legal system as it ensures that similar situations are handled consistently. Through case law, courts follow the principle of “stare decisis” which stands for 'to stand by things decided.' This means that lower courts are bound to adhere to the decisions of higher courts in similar cases, thereby paving the way for uniformity. Also, it becomes a source of law in situations where no statutes exist. Therefore, case law is a vital part of a functioning legal system, offering guidance, setting standards, and maintaining regulatory fairness.
Why is it important to establish Manx Case Law?
Whilst the Isle of Man generally follows UK Case Law, not all laws here are equal and therefore it can only 'guide' our legal system until actual Manx Case Law is established. Given the miniscule number of case the island precides over, it is difficult in some more extreme cases to establish, and given the lack of appetite in the Isle of Man for an advocate to take on Manx Gas, this is why we don't currently have any for this situation.
What happens once we establish Manx Case Law in regards Manx Gas?
Once we have a single grounds for what they have done wrong, this will make subsequent Small Claims against them as simple as copying and pasting the relevant case law into your claim document and submiting it to the courts. This might see as many as 1000 people being able to (rightfully) claim that the way Isle of Man Energy have been invoicing for the last 12 months has been illegal, and ultimately they owe you compensation for it.