Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2) [2021] EWCA Civ 90 (29 January 2021)

Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2) [2021] EWCA Civ 90 (29 January 2021)

The Upper Tribunal does not have jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights in favour of an operator who is already in occupation of the land under a tenancy protected by the Landlord and Tenant Act 1954. Only the occupier can confer Code rights, and an operator cannot confer rights on itself. The proper route for such an operator is to seek a new tenancy under the 1954 Act, not under the Code.

Citation
[2021] EWCA Civ 90
Parties
Appellant: Cornerstone Telecommunications Infrastructure Ltd; 1st Respondent: Ashloch Limited; 2nd Respondent: AP Wireless II (UK) Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Electronic Communications Code, Landlord and Tenant Act 1954, Transitional Provisions, Jurisdiction of Upper Tribunal, Code Rights Over Land
Property Law Telecommunications Law Electronic Communications Code Landlord and Tenant Act 1954 Transitional Provisions Jurisdiction of Upper Tribunal Code Rights Over Land

Case Brief

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Parties

Cornerstone Telecommunications Infrastructure Ltd

Appellant

Ashloch Limited

1st Respondent

AP Wireless II (UK) Limited

2nd Respondent

Procedural Posture

Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Upper Tribunal has jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights over land in favour of an operator already in occupation under a pre-Code tenancy protected by the Landlord and Tenant Act 1954.

Ratio Decidendi

The Upper Tribunal does not have jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights in favour of an operator who is already in occupation of the land under a tenancy protected by the Landlord and Tenant Act 1954. Only the occupier can confer Code rights, and an operator cannot confer rights on itself. The proper route for such an operator is to seek a new tenancy under the 1954 Act, not under the Code.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Upper Tribunal is affirmed; the Tribunal does not have jurisdiction to impose Code rights under Part 4 in these circumstances.