A railway line in South Wales is at the centre of an unusual debate before the Court of Appeal.
Representatives of the Llanover Estate in Ebbw Valley are challenging a ruling by Deputy High Court Judge Moseley QC that British Railways Board (BRB) was entitled to remove equipment, including sleepers, from the disused line between Cross Keys and Oakdale Colliery.
The line, originally known as Halls Tramroad, was leased for 1,000 years to Great Western Railway Co in 1879 for the transport of coal from the collieries. BRB later took over the lease.
Following the closure of Oakdale Colliery in 1989, the line was no longer used, and BRB removed the rail sleepers, attachments and other equipment.
Counsel for Llanover, Paul Morgan QC, argued that, under the terms of the lease, the rails and sleepers were not removable by BRB. They were the landlords fixtures and their removal was a conversion of the lessors property, he said.
The hearing continues.
Herbert and others v British Railways Board and another Court of Appeal (Beldam, Aldous and Tuckey LJJ), 14 October 1999
Paul Morgan QC (instructed by Harding Evans, of Newport) appeared for the appellant; John Martin QC and John Whittaker (instructed by Kennedys) appeared for the respondent, British Railways Board; Railtrack plc did not appear and were not represented.
PLS News 14/10/99
