Bodorgan Properties (CI) Ltd v Southern Electric Power Distribution PLC & Anor [2025] EWHC 1880 (KB) (22 July 2025)

Bodorgan Properties (CI) Ltd v Southern Electric Power Distribution PLC & Anor [2025] EWHC 1880 (KB) (22 July 2025)

The claim against the Secretary of State constitutes an abuse of process as it raises public law issues circumventing judicial review protections, particularly relating to delay. SEP made a valid application for a necessary wayleave within the statutory period by supplementing previously lodged documents, fulfilling statutory requirements.

Citation
[2025] EWHC 1880 (KB)
Parties
Claimant: Bodorgan Properties (C. I.) Limited; First Defendant: Southern Electric Power Distribution PLC; Second Defendant: The Secretary of State for the Department of Energy Security and Net Zero
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Strike Out Application / Summary Judgment / High Court King's Bench Division, Pre Trial Interlocutory
Outcome
Claim against Secretary of State struck out as abuse of process; summary judgment would also have been granted if required.
Legal Topics
Statutory Wayleaves, Electricity Act 1989, Procedural Exclusivity, Trespass, Judicial Review
Administrative Law Property Law Energy Law Statutory Wayleaves Electricity Act 1989 Procedural Exclusivity Trespass Judicial Review

Case Brief

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Parties

Bodorgan Properties (C. I.) Limited

Claimant

Southern Electric Power Distribution PLC

First Defendant

The Secretary of State for the Department of Energy Security and Net Zero

Second Defendant

Procedural Posture

Strike Out Application / Summary Judgment / High Court King's Bench Division, Pre Trial Interlocutory

Legal Issues

  1. 1 Whether the claim against the Secretary of State is an abuse of process circumventing judicial review protections
  2. 2 Whether SEP made a valid application for a necessary wayleave within the statutory period

Ratio Decidendi

The claim against the Secretary of State constitutes an abuse of process as it raises public law issues circumventing judicial review protections, particularly relating to delay. SEP made a valid application for a necessary wayleave within the statutory period by supplementing previously lodged documents, fulfilling statutory requirements.

Court Disposition

Claim against Secretary of State struck out as abuse of process; summary judgment would also have been granted if required.

Orders

  • Action against Secretary of State struck out