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Eversheds Sutherland represent successful landowner in CTIL v Ashloch Limited and AP Wireless II (UK) Limited

  • United Kingdom
  • Litigation and dispute management

08-11-2019

Eversheds Sutherland acted for AP Wireless II (UK) Limited (“APW”) against Cornerstone Telecommunications Infrastructure Limited (“CTIL”) in the most recent case before the Upper Tribunal of CTIL v Ashloch Limited and AP Wireless II (UK) Limited [2019] UKUT 0338 (LC).

The Deputy President, Martin Rodger QC, found in favour of APW and struck out CTIL’s paragraph 20 application.

CTIL initially issued a reference against Ashloch and APW under paragraph 20 for a code agreement notwithstanding Vodafone being in occupation under a 1954 Act lease. 

Following the Upper Tribunal’s decision in CTIL v Compton Beauchamp Estates Limited [2019] UKHT 0107 (LC), Vodafone’s 1954 Act lease was assigned to CTIL and CTIL made an application to amend.  The amendment was granted subject to CTIL paying 75% of APW’s costs to that date with an on account payment of £50k within 14 days.

The Upper Tribunal heard as a preliminary issue the questions whether “the Upper Tribunal has jurisdiction under Part 4 of the Electronic communications Code to impose Code rights over land in favour of an operator which is already in occupation of the same land under a tenancy which is being continued after its contractual expiry date by section 24(1) of the Landlord and Tenant Act 1954.”

The Upper Tribunal followed the decision by the Court of Appeal in CTIL v Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 (CA) that only an occupier can confer rights and that renewal of rights should be dealt with pursuant to Part 5. The Upper Tribunal additionally found that where there is an existing 1954 Act lease, this is excluded from renewal under the Code and should be renewed under the 1954 Act.

The full link to the Judgment can be found here: http://landschamber.decisions.tribunals.gov.uk/judgmentfiles/j1552/TCR-83-2018%20final_.pdf

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