BOH Ltd; Layhawk Consultants Ltd v Eastern Power Networks Plc (formerly EDF ENERGY NETWORKS (EPN Plc)) [electronic resource]
Language: English Publication details: Subject(s): Online resources: Summary: [2009] EWHC 3193 (Ch), 26 January 2011. Considers whether a freehold owner of property benefitted from cable rights (derived only from a lease of the property previously granted to the owner) across adjoining property (owned by third parties) to the public highway. The court initially decided that Respondent E had rights of access over Appellant B's plots and a right to maintain in position underground cables in B's plots. B and the third party appealed. "Held": appeal dismissed. CA found in favour of E. B contended unsuccessfully that E's forerunner EDF could not exercise the cable right which ended when E's predecessor EDF owned both the lease containing the right and the freehold. CA found a merger was not intended so the cable right remained.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 154625-2001 |
[2009] EWHC 3193 (Ch), 26 January 2011. Considers whether a freehold owner of property benefitted from cable rights (derived only from a lease of the property previously granted to the owner) across adjoining property (owned by third parties) to the public highway. The court initially decided that Respondent E had rights of access over Appellant B's plots and a right to maintain in position underground cables in B's plots. B and the third party appealed. "Held": appeal dismissed. CA found in favour of E. B contended unsuccessfully that E's forerunner EDF could not exercise the cable right which ended when E's predecessor EDF owned both the lease containing the right and the freehold. CA found a merger was not intended so the cable right remained.