Brophy v Vodafone Ltd [2017] EWHC B9 (TCC) (15 March 2017)

Brophy v Vodafone Ltd [2017] EWHC B9 (TCC) (15 March 2017)

Vodafone is entitled to an order under paragraph 5 of the Code on terms substantially as proposed, including annual payments at the NFU/CLA rate indexed by RPI and terminable on 12 months' notice. There is no justification for a lump sum or 80-year term, nor for additional compensation for injurious affection or other losses. Mrs Brophy must pay Vodafone's costs, as she achieved nothing more than Vodafone had already offered and her claims for higher compensation were unsupported.

Citation
[2017] EWHC B9 (TCC)
Parties
Claimant: Mrs Lynn Brophy; Defendant: Vodafone Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2017
Procedural Posture
Technology and Construction Court (tcc) County Court at Manchester / Final Judgment After Trial
Outcome
Order granted in favour of Vodafone Limited under paragraph 5 of the Code on terms proposed by Vodafone.
Legal Topics
Electronic Communications Code, Wayleave Agreements, Compensation and Consideration, Statutory Rights Over Land
Property Law Telecommunications Law Compulsory Purchase Electronic Communications Code Wayleave Agreements Compensation and Consideration Statutory Rights Over Land

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Parties

Mrs Lynn Brophy

Claimant

Vodafone Limited

Defendant

Procedural Posture

Technology and Construction Court (tcc) County Court at Manchester / Final Judgment After Trial

Legal Issues

  1. 1 Whether Vodafone is entitled to an order under paragraph 5 of the Electronic Communications Code to use optical fibres over Mrs Brophy's land
  2. 2 What is the appropriate consideration and compensation for such rights under the Code
  3. 3 Whether Mrs Brophy is entitled to a lump sum for an 80-year term or only annual payments

Ratio Decidendi

Vodafone is entitled to an order under paragraph 5 of the Code on terms substantially as proposed, including annual payments at the NFU/CLA rate indexed by RPI and terminable on 12 months' notice. There is no justification for a lump sum or 80-year term, nor for additional compensation for injurious affection or other losses. Mrs Brophy must pay Vodafone's costs, as she achieved nothing more than Vodafone had already offered and her claims for higher compensation were unsupported.

Court Disposition

Order granted in favour of Vodafone Limited under paragraph 5 of the Code on terms proposed by Vodafone.

Orders

  • Vodafone granted rights to use, maintain, repair, and replace the optical fibres over Mrs Brophy's land.
  • Vodafone to pay Mrs Brophy annual consideration of £138.96, indexed by RPI, terminable by either party on 12 months' notice.