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Cornerstone Telecommunications Infrastructure Ltd (Appellant) v Compton Beauchamp Estates Ltd (Respondent)
Case summary
Case ID
UKSC/2019/0225
Parties
Appellant(s)
Cornerstone Telecommunications Infrastructure Ltd
Respondent(s)
Compton Beauchamp Estates Ltd
Intervener(s)
AP Wireless II (UK) Ltd
Issue
Does the Upper Tribunal have jurisdiction to confer rights, under the Electronic Communications Code ("the Code"), in relation to a particular site, on the Claimant in circumstances where a third party, namely Vodaphone, is currently in occupation of the site?
Facts
The Respondent owns a field. The Appellant is a joint venture formed by Vodafone Ltd and Telefonica UK Ltd to own and manage a combined portfolio of such sites. Vodafone Ltd own a telecommunications mast on the edge of a field. Vodafone Ltd had a ten year lease to that site, running from 2014. This lease granted Vodafone Ltd the right to install and use the mast. Telefonica UK Ltd also use the mast. Vodafone Ltd’s lease expired in 2014, and it was served with a notice to quit in 2017. The Code says that an operator of telecommunications equipment may acquire certain rights under the Code by agreement or by order of the Upper Tribunal. The Appellant sought those code rights from the Respondent. The Upper Tribunal said that, because the Respondent was not in occupation of the land (Vodafone Ltd was), the Upper Tribunal had no jurisdiction to make an order. The Court of Appeal refused the Appellant’s appeal.
Date of issue
19 November 2019
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
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Last updated 16 April 2024