KB-2023-002277 - [2025] EWHC 1880 (KB)

The Second Defendant (‘the SoS’) has applied to strike out, alternatively seeks summary judgment in respect of the claim made by the Claimant (‘Bodorgan’) against him.

Bodorgan is the freehold owner of land at Roeshot Hill, East Christchurch, Hampshire, which is partly occupied by the First Defendant (‘SEP’) whose electricity apparatus, consisting of a 132kV overhead electricity line and associated infrastructure (‘the Apparatus’), is on and across the land.

The SoS is the minister currently responsible for determining, among other things, applications for the grant of statutory wayleaves pursuant to Schedule 4 of the Electricity Act 1989 (‘the 1989 Act’). The SoS has taken over those responsibilities from other departments. In referring to the SoS I intend to refer to the current SoS and his predecessors in relation to the relevant responsibilities.

The Apparatus was originally installed pursuant to a wayleave agreement granted on 11 April 1963 by the then owner of the freehold, Lt Col Sir George Meyrick, to the Southern Electricity Board. Bodorgan is the successor in title to the landowner who granted the wayleave. SEP is successor to the Southern Electricity Board, and now owns and operates the Apparatus.

Bodorgan gave notice to terminate SEP’s contractual wayleave on 4 August 2016, to expire on 10 February 2017, and notice to remove the Apparatus was then given by Bodorgan on 17 February 2017. Bodorgan contends that, no valid application to the SoS for a necessary wayleave having been made in accordance with para. 8(4) of Schedule 4 to the 1989 Act, SEP’s Apparatus remains on the land without consent or by other lawful means.