Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd

The Upper Tribunal has no jurisdiction to require a freeholder who is not in occupation to confer code rights under the Electronic Communications Code where another operator is in occupation. Only the occupier can confer code rights under paragraph 9, and the Code's structure requires the occupier's involvement, either voluntarily or by compulsion. The definition of 'relevant person' in paragraph 20 does not override this requirement.

Parties
Appellant: Cornerstone Telecommunications Infrastructure Limited; Respondent: Compton Beauchamp Estates Limited; Interested Party: Vodafone Ltd
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Electronic Communications Code, Conferral of Code Rights, Jurisdiction of Upper Tribunal, Occupation of Land, Landlord and Tenant
Property Law Telecommunications Law Electronic Communications Code Conferral of Code Rights Jurisdiction of Upper Tribunal Occupation of Land Landlord and Tenant

Case Brief

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Parties

Cornerstone Telecommunications Infrastructure Limited

Appellant

Compton Beauchamp Estates Limited

Respondent

Vodafone Ltd

Interested Party

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal has jurisdiction to require a freeholder not in occupation to confer code rights under the Electronic Communications Code when another operator is in occupation
  2. 2 Interpretation of 'occupier' under the Code
  3. 3 Whether code rights can be conferred by someone other than the occupier

Ratio Decidendi

The Upper Tribunal has no jurisdiction to require a freeholder who is not in occupation to confer code rights under the Electronic Communications Code where another operator is in occupation. Only the occupier can confer code rights under paragraph 9, and the Code's structure requires the occupier's involvement, either voluntarily or by compulsion. The definition of 'relevant person' in paragraph 20 does not override this requirement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.