Bridgewater Canal Company Ltd v Geo Networks Ltd

Bridgewater Canal Company Ltd v Geo Networks Ltd

The operator must pay consideration for the right to carry out works, which includes the right to retain apparatus on or under the land after installation; the price must be fair and reasonable and take into account everything acquired by carrying out the works. The arbitrator has power to uphold objections in principle, and compensation for loss or damage must include future consequences of the works.

Parties
Claimant: The Bridgewater Canal Company Limited; Defendant: GEO Networks Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2010
Procedural Posture
Arbitration Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Statutory Rights of Network Operators, Compensation and Consideration Under the Electronic Communications Code, Arbitration Powers, Linear Obstacles, Public Infrastructure
Property Law Telecommunications Law Statutory Interpretation Statutory Rights of Network Operators Compensation and Consideration Under the Electronic Communications Code Arbitration Powers Linear Obstacles Public Infrastructure

Case Brief

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Parties

The Bridgewater Canal Company Limited

Claimant

GEO Networks Limited

Defendant

Procedural Posture

Arbitration Appeal / Judgment

Legal Issues

  1. 1 Whether consideration under paragraph 13(2)(e)(ii) of the Code is payable for the right to carry out works only, or also for the right to retain apparatus after installation
  2. 2 Whether the arbitrator has power to uphold an objection in principle to works under paragraph 12
  3. 3 Interpretation of compensation and consideration provisions for linear obstacles

Ratio Decidendi

The operator must pay consideration for the right to carry out works, which includes the right to retain apparatus on or under the land after installation; the price must be fair and reasonable and take into account everything acquired by carrying out the works. The arbitrator has power to uphold objections in principle, and compensation for loss or damage must include future consequences of the works.

Court Disposition

appeal allowed

Orders

  • Arbitrator's award set aside
  • Matter remitted for determination of fair and reasonable consideration for the right to carry out works and retain apparatus