Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

APW, as concurrent lessee entitled to the benefit and burden of the lease, is to be regarded as a party to the code agreement for purposes of Part 5 of the Code, enabling it to exercise rights under paragraphs 31 and 33. Paragraph 10(3) is not exhaustive; 'party to the agreement' includes those currently entitled to the benefit and burden of the agreement under general law.

Parties
Claimant / Respondent to Appeal: Vodafone Ltd; Respondent to Claim: Potting Shed Bar and Gardens Ltd (formerly Gencomp (No.7) Ltd); Respondent to Claim / Appellant in Appeal: AP Wireless II (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Electronic Communications Code, Concurrent Lease, Code Rights, Landlord and Tenant, Assignment of Code Agreements
Land Law Telecommunications Law Electronic Communications Code Concurrent Lease Code Rights Landlord and Tenant Assignment of Code Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Vodafone Ltd

Claimant / Respondent to Appeal

Potting Shed Bar and Gardens Ltd (formerly Gencomp (No.7) Ltd)

Respondent to Claim

AP Wireless II (UK) Ltd

Respondent to Claim / Appellant in Appeal

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether APW is a party to the code agreement for purposes of paragraph 33 of the Electronic Communications Code
  2. 2 Whether APW is a successor in title under paragraph 10(2)(a) of the Code
  3. 3 Whether Vodafone can seek renewal under Part 4 if Part 5 is unavailable

Ratio Decidendi

APW, as concurrent lessee entitled to the benefit and burden of the lease, is to be regarded as a party to the code agreement for purposes of Part 5 of the Code, enabling it to exercise rights under paragraphs 31 and 33. Paragraph 10(3) is not exhaustive; 'party to the agreement' includes those currently entitled to the benefit and burden of the agreement under general law.

Court Disposition

Appeal allowed

Orders

  • APW is a party to the agreement constituted by Vodafone's Lease for purposes of the Code.
  • APW may exercise rights under Part 5 of the Code, including paragraphs 31 and 33.