Bridgewater Canal Company Ltd v Geo Networks Ltd [2010] EWHC 548 (Ch) (19 March 2010)

Bridgewater Canal Company Ltd v Geo Networks Ltd [2010] EWHC 548 (Ch) (19 March 2010)

The Court held that under the Electronic Communications Code, paragraph 13(2)(e)(ii), the consideration payable is not limited to the right to carry out the installation works but also includes the right to keep the apparatus (cable) in place after installation. The statutory scheme confers a compendious right to install and keep apparatus, and the arbitrator erred in limiting payment to the installation process alone. The arbitrator's award was therefore set aside, and the matter remitted for reconsideration in accordance with this interpretation.

Citation
[2010] EWHC 548 (Ch)
Parties
Claimant: The Bridgewater Canal Company Limited; Defendant: GEO Networks Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2010
Procedural Posture
Arbitration Appeal (chancery Division, High Court) / Judgment on Appeal From Arbitration Award
Outcome
Appeal allowed. Arbitration award set aside.
Legal Topics
Electronic Communications Code, Linear Obstacles, Statutory Rights of Telecommunications Operators, Compensation and Consideration for Land Rights, Arbitration Under Statutory Codes
Telecommunications Law Property Law Statutory Interpretation Electronic Communications Code Linear Obstacles Statutory Rights of Telecommunications Operators Compensation and Consideration for Land Rights Arbitration Under Statutory Codes

Case Brief

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Parties

The Bridgewater Canal Company Limited

Claimant

GEO Networks Limited

Defendant

Procedural Posture

Arbitration Appeal (chancery Division, High Court) / Judgment on Appeal From Arbitration Award

Legal Issues

  1. 1 Whether the operator must pay consideration for the right to keep apparatus (cables) under a canal after installation, or only for the right to carry out the installation works under the Electronic Communications Code, paragraphs 12 and 13.

Ratio Decidendi

The Court held that under the Electronic Communications Code, paragraph 13(2)(e)(ii), the consideration payable is not limited to the right to carry out the installation works but also includes the right to keep the apparatus (cable) in place after installation. The statutory scheme confers a compendious right to install and keep apparatus, and the arbitrator erred in limiting payment to the installation process alone. The arbitrator's award was therefore set aside, and the matter remitted for reconsideration in accordance with this interpretation.

Court Disposition

Appeal allowed. Arbitration award set aside.

Orders

  • The arbitrator's award is set aside.
  • The matter is remitted to the arbitrator for reconsideration in accordance with the Court's judgment.