Mr A Jamieson (VO) v E-ON UK Limited
Decision date: 8 August 2013
Neutral citation: [2013] UKUT 369 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether Enfield Power Station and its 12.6 km dedicated gas pipeline formed one hereditament for the 2005 rating list. The Valuation Tribunal found they were a single hereditament because the pipeline was contiguous to the station at the connection and functionally essential to its operation; the Upper Tribunal dismissed the appeal and ordered merger of the entries. The appellant was ordered to pay the respondent's costs.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Where contiguous parcels are in the same occupation and are used for the same purpose, they will generally be treated as a single hereditament; a dedicated pipeline that contacts the plant on site and is functionally essential to the plant’s operation can form part of the same hereditament, and the pipeline’s length alone does not prevent merger.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
Comments in earlier authorities about pipelines (notably observations in Llandarcy) do not establish fixed, length-based rules; whether a pipeline and plant form one hereditament remains a question of fact and degree. Parker LJ’s “ring on a map” concept can be satisfied in appropriate cases and does not require multiple points of contact.