Visit JCPCUKSC/2021/0051
•
COMMERCIAL
Cornerstone Telecommunications Infrastructure Ltd (Appellant) v Ashloch Ltd and another (Respondents)
Case summary
Case ID
UKSC/2021/0051
Parties
Appellant(s)
Cornerstone Telecommunications Infrastructure Ltd
Respondent(s)
Ashloch Ltd
AP Wireless II (UK) Ltd
Issue
Does the Upper Tribunal have jurisdiction to confer rights over land in favour of an operator under the Electronic Communications Code (the Code) where that operator has a Landlord and Tenant Act 1954 (LTA 1954) protected tenancy and is in occupation of the land?
Facts
The First Respondent owns a site called Windsor House. The Appellant has a tenancy on part of the roof of Windsor House for the purposes of providing telecommunications services. The Appellant’s tenancy pre-dates the entry into force of the Code and is protected by the LTA 1954. The Second Respondent has a 99-year lease with the First Respondent over the roof of Windsor House, which is subject to the Appellant’s tenancy. The Appellant asked the Upper Tribunal to impose an agreement under para 20, Part 4 of the Code (a Code agreement) between the Appellant and the Second Respondent. The Second Respondent argued that Part 4 of the Code is not available to the Appellant as the occupier of the site. The Upper Tribunal found it had no jurisdiction to impose a Code agreement where the operator is in occupation of the land under a tenancy protected by the LTA 1954. The Court of Appeal dismissed the Appellant’s appeal.
Date of issue
26 February 2021
Judgment appealed
Judgment details
Judgment date
22 June 2022
Neutral citation
[2022] UKSC 18
Judgment links
Judgment summary
22 June 2022
Appeal
Justices
Hearing dates
Full hearing
Start date
1 February 2022
End date
3 February 2022
Watch hearings
1 February 2022 - Morning session
1 February 2022 - Afternoon session
2 February 2022 - Morning session
2 February 2022 - Afternoon session
3 February 2022 - Morning session
3 February 2022 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 16 April 2024