Mayclose Ltd v Central Electricity Generating Board
Language: English Series: Estates Gazette ; 283(6342) 11 July 1987, 192-195(3)Publication details: 1987Subject(s): Summary: CA 23 March 1987. Appeal by case stated by Mayclose Ltd (M), successors in title to Pilkington Bros Ltd (P), from an LT decision on a preliminary point of law on a claim for compensation in respect of an electricity wayleave over their land. In 1965 P and the CEGB entered into a deed of grant which, provided for compensation for diminution in the value of any land with planning permission, due to the existence of a power line on that land. It was envisaged there could be sterilisation of part of the land, with a consequent reduction in value. In 1981 M was refused permission for development. At issue was whether the rights of the parties were governed exclusively by the deed of grant made in 1965, so that any claim under the Electric Lighting Act 1882 s17 is precluded. M contended that the deed of grant was not an exclusive agreement outside the ambit of the Electricity (Supply) Act 1919 s22 and the 1882 Act, but was a grant of consent under the former and attracted the compensation| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37941 (Browse shelf(Opens below)) | 1 | Available | 7723-1001 |
CA 23 March 1987. Appeal by case stated by Mayclose Ltd (M), successors in title to Pilkington Bros Ltd (P), from an LT decision on a preliminary point of law on a claim for compensation in respect of an electricity wayleave over their land. In 1965 P and the CEGB entered into a deed of grant which, provided for compensation for diminution in the value of any land with planning permission, due to the existence of a power line on that land. It was envisaged there could be sterilisation of part of the land, with a consequent reduction in value. In 1981 M was refused permission for development. At issue was whether the rights of the parties were governed exclusively by the deed of grant made in 1965, so that any claim under the Electric Lighting Act 1882 s17 is precluded. M contended that the deed of grant was not an exclusive agreement outside the ambit of the Electricity (Supply) Act 1919 s22 and the 1882 Act, but was a grant of consent under the former and attracted the compensation