City of Westminster v Urban Wimax Ltd

City of Westminster v Urban Wimax Ltd

Exclusive rooftop access for Urban Wimax was contingent on completion of the pilot stage and subsequent commercial agreement, not on execution of the Memorandum. No pilot was conducted as required, so no breach of implied terms occurred. The spectrum range did not include the whole 5GHz band. Summary judgment was appropriate as Urban Wimax had no realistic prospect of success on its claim or counterclaim.

Parties
Claimant: The Lord Mayor and Citizens of the City of Westminster; Defendant: Urban Wimax Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed as regards claim; permission to appeal granted and counterclaim dismissed.
Legal Topics
Interpretation of Contracts, Implied Terms, Summary Judgment, Damages for Trespass
Contract Law Commercial Law Interpretation of Contracts Implied Terms Summary Judgment Damages for Trespass

Case Brief

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Parties

The Lord Mayor and Citizens of the City of Westminster

Claimant

Urban Wimax Limited

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Proper interpretation of contractual terms in poorly drafted agreements
  2. 2 Whether exclusive rooftop access was granted for 15 years upon execution or completion of pilot
  3. 3 Meaning of '2-5Ghz ranges of spectrums' in contract

Ratio Decidendi

Exclusive rooftop access for Urban Wimax was contingent on completion of the pilot stage and subsequent commercial agreement, not on execution of the Memorandum. No pilot was conducted as required, so no breach of implied terms occurred. The spectrum range did not include the whole 5GHz band. Summary judgment was appropriate as Urban Wimax had no realistic prospect of success on its claim or counterclaim.

Court Disposition

Appeal dismissed as regards claim; permission to appeal granted and counterclaim dismissed.

Orders

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