Two organisations head to High Court over payment to access land

Somerfield Property Company is headed for a High Court showdown with Network Rail Infrastructure in a dispute over property in Dagenham.

Somerfield is the subtenant of premises at The Heathway in Dagenham, and is asking the High Court to rule that it is not subject to covenants in the lease for payment to Network Rail.

Somerfield is also seeking a declaration that it is entitled to go onto Network Rail’s land below, after giving reasonable notice, to repair its property without paying Network Rail any costs of giving access, or any payments made by Network Rail to train operators, or to pay an estimated £225,000 to Network Rail for services in connection with the works and access.

Somerfield’s property is supported by land owned by Network Rail, according to a High Court writ.