Cornerstone Telecommunications Infrastructure Ltd (Appellant) v Ashloch Ltd and another (Respondents)
Case ID: 2021/0051
Case summary
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.
Judgment appealed
Parties
Appellant(s)
Cornerstone Telecommunications Infrastructure Ltd
Respondent(s)
(1) Ashloch Ltd; (2) AP Wireless II (UK) Ltd
Appeal
Justices
Lord Hodge, Lord Sales, Lord Leggatt, Lord Burrows, Lady Rose
Hearing start date
1 February 2022
Hearing finish date
3 February 2022
Watch hearing | ||
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1 Feb 2022 | Morning session | Afternoon session |
2 Feb 2022 | Morning session | Afternoon session |
3 Feb 2022 | Morning session | Afternoon session |
Judgment details
Judgment date
22 June 2022
Neutral citation
[2022] UKSC 18
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
Watch Judgment summary | |
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22 June 2022 | Judgment summary |