PD Ports successfully defend rights of access against Ben Houchen development corporation in High Court

The public bodies sought a legal declaration as to whether PD Ports, which is the statutory harbour authority for the River Tees and Hartlepool, had access to its own land holdings across former steelworks land now under the Teesworks banner, which was bought by STDC in a compulsory purchase which was completed in 2020.

The High Court trial began in October last year, lasting six weeks, before the judge delivered his verdict today. In his judgement, PD Ports, who were defendants in the case brought by Conservative Tees Valley mayor Lord Houchen, were successful in defending their historic rights across three access routes.

Regarding access to the South Gare breakwater, Mr Justice Rajah determined the port company “has a prescriptive right for all purposes and all vehicles under the 1832 Act and the common law doctrine of lost modern grant.”

In total, the judge determined PD Ports had established rights of access across three routes in six different instances. Despite the failure of some of PD Ports’ counterclaims on technical grounds, the end result from the judgement to their claims of access are not affected.

Pre-trial hearings saw the public STDC could potentially be liable for £4.9m in legal costs if it lost the trial. However, final costs and the process of possible appeal will be determined by the court at a later date, yet to be determined.

Teesworks Ltd was added as a third party to the litigation in November 2022, following its purchase of 90-acres of land for £96.79 that STDC had paid to remediate.

The judge also decided a row over a controversial roundabout on Smith’s Dock Road, which also featured in last week’s independent government review into Teesworks. He ruled the footpath on the northern portion of the roundabout trespassed onto land owned by PD Ports. However, the margins between technical drawings and surveys were so fine it was impossible to determine whether or not the road itself trespassed.

Before the trial a spokesperson for STDC said: “The issue before the court is to seek a declaration as to whether or not PD Ports has any rights of access over the site. Only a declaration of fact from the court to provide certainty as to what rights each party may, or may not, have.”

A spokesperson for STDC said: “We welcome the outcome of the hearing and thank the Honourable Mr Justice Rajah KC for his considered judgment and role presiding over the legal proceedings.

“Throughout this process STDC’s sole focus has been to clarify what access rights [PD Ports] has across its site so it can accommodate them.

“Despite extensive efforts by STDC to avoid legal action, the lack of documentary evidence supporting [PD Ports]’s claim left no option other than to seek a legal determination.

“A total of 18 different claimed rights of way were brought to the court by [PD Ports]. All but six were either dropped by [PD Ports] or went in favour of STDC.

“The judgment now provides clarity on the rights of all respective parties going forward. We will now consider this judgment along with our legal advisers.”

Jerry Hopkinson, Executive Chairman at PD Ports, commented: “The outcome of today’s ruling, which has seen PD Ports secure ongoing rights of access to South Gare and Redcar Bulk Terminal, and a right of access from Tees Dock across South Bank is a vindication of our defence of our long-held rights and the weight of evidence in our favour.

“Whilst we are naturally pleased at the outcome, we are very disappointed that this legal action was ever considered necessary by the South Tees Development Corporation and Teesworks.

“Despite PD Ports’ desire to resolve the matter outside the courtroom, South Tees Development Corporation and Teesworks persisted with legal action that has resulted in no net gain for either side, at a cost of several million pounds for all parties, including the taxpayer, as well as considerable damage to our region’s reputation.”