Update - nipped to Apple Store in Sheffield to ask the genius guys if they could run tests on my iPhone 5 as again today the battery drained so fast. (1-2% drain opening applications, 1% drain sending or receiving iMessages, 2-3% drain every 5 mins on standby, and a massive problem with Auto Brightness)
So the guys ran the tests and said they could find no errors or faults with the software or hardware but warned that they would have liked the phone to be at least 2 weeks old so that the information it collects would have been something better to look at.
So they put the phone into DFU mode and restored the iPhone while I went round the shops, when I got back they told me to check it over the next few days and if anymore problems to book another appointment for the Genius Bar (great they think it should be ok) NO it wasn't, I went to turn the features back on and download my contacts from iCloud whilst walking out of the store but the phone would not turn on (battery had died even though they had it plugged in).
So walked back up to the Genius Bar counter and asked them what I was meant to do now???
All I got for a response was "since you bought the phone from apple online you need to contact them to get it exchanged for a new one"
Well thanks Apple I now have to ring you up and explain the problem - return this phone and wait god knows how long for a new one
Going to have to use my 4S for next few weeks