Bodorgan Properties (CI) Limited v Southern Electric Power Distribution Plc & Anor

Bodorgan Properties (CI) Limited v Southern Electric Power Distribution Plc & Anor

The claim against the Secretary of State is an abuse of process as it raises public law issues circumventing judicial review protections, particularly delay. SEP made a valid application for a necessary wayleave by supplementing documents within the statutory period; the statutory purpose was fulfilled and no prejudice was caused.

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
Civil / Application to Strike Out and Summary Judgment
Outcome
Claim against Secretary of State struck out
Legal Topics
Statutory Wayleaves, Electricity Act 1989, Procedural Exclusivity, Trespass, Summary Judgment, Strike Out Applications
Administrative Law Property Law Energy Law Statutory Wayleaves Electricity Act 1989 Procedural Exclusivity Trespass Summary Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

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

Civil / Application to Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the claim against the Secretary of State is an abuse of process due to procedural exclusivity
  2. 2 Whether SEP made a valid application for a necessary wayleave within the statutory period
  3. 3 Whether the statutory process under the Electricity Act 1989 was properly followed

Ratio Decidendi

The claim against the Secretary of State is an abuse of process as it raises public law issues circumventing judicial review protections, particularly delay. SEP made a valid application for a necessary wayleave by supplementing documents within the statutory period; the statutory purpose was fulfilled and no prejudice was caused.

Court Disposition

Claim against Secretary of State struck out

Orders

  • Order striking out the action against the Secretary of State