City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch) (25 May 2010)

City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch) (25 May 2010)

The Memorandum's 'completion' refers to completion of contractual stages, not execution; access rights are contingent on successful pilot and commercial agreement. Urban Wimax failed to conduct the pilot as required, so no breach of implied terms occurred. Summary judgment for the Council was appropriate.

Citation
[2010] EWHC 1166 (Ch)
Parties
Respondent/claimant: The Lord Mayor and Citizens of the City of Westminster; Appellant/defendant: Urban Wimax Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Appeal / Appeal From Summary Judgment in Central London County Court
Outcome
Appeal dismissed as regards claim; appeal allowed as regards counterclaim; counterclaim dismissed.
Legal Topics
Interpretation of Contracts, Implied Terms, Summary Judgment, Wireless Communications Agreements, Public Law Obligations
Contract Law Commercial Law Local Government Law Interpretation of Contracts Implied Terms Summary Judgment Wireless Communications Agreements Public Law Obligations

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Parties

The Lord Mayor and Citizens of the City of Westminster

Respondent/claimant

Urban Wimax Limited

Appellant/defendant

Procedural Posture

Appeal / Appeal From Summary Judgment in Central London County Court

Legal Issues

  1. 1 Proper interpretation of 'completion' in contract
  2. 2 Meaning of '2-5Ghz ranges of spectrums'
  3. 3 Existence and breach of implied terms in contract

Ratio Decidendi

The Memorandum's 'completion' refers to completion of contractual stages, not execution; access rights are contingent on successful pilot and commercial agreement. Urban Wimax failed to conduct the pilot as required, so no breach of implied terms occurred. Summary judgment for the Council was appropriate.

Court Disposition

Appeal dismissed as regards claim; appeal allowed as regards counterclaim; counterclaim dismissed.

Orders

  • Urban Wimax ordered to remove apparatus from Council's City Hall rooftop.
  • Urban Wimax ordered to pay damages for trespass.