Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
Appeal dismissed in a telecoms code dispute over whether rights to install apparatus on a clocktower were premises occupied under the 1954 Act.
An operator with merely the benefit of a code agreement is a 'party to a code agreement' for the purposes of Part 5 of the Electronic Communications Code. The Code's purpose and structure support this interpretation, enabling the operator currently exercising code rights to invoke Part 5 procedures, regardless of whether the burden of the agreement has also passed. This construction best fits the statutory language and legislative intent.
Source excerpt
The Upper Tribunal dismissed Icon Tower’s appeal on whether its plan to replace an existing mast showed a genuine intention to redevelop under the Electronic Communications Code.
The Upper Tribunal held the respondents occupied a rooftop telecoms site as tenants at will, not under an implied periodic tenancy, and dismissed the appeal.
On Tower UK Ltd v AP Wireless II (UK) Ltd [2026] EWCA Civ 43 (03 February 2026)
The Court of Appeal held that an operator with the benefit of a code agreement can be a “party to a code agreement” under Part 5 of the Electronic Communications Code.
EE's claim for damages for breach of the exclusivity clause is, in law, a claim for loss of profit and falls within the scope of the 'anticipated profits' exclusion in clause 34.5(a) of the TSA. The exclusion clause is clear and unambiguous, and the claim is excluded. There is no factual matrix or evidence requiring trial; summary judgment is appropriate.
Source excerpt
The High Court held that Edge had no actionable claim in damages against Ofcom for alleged breach of section 8(4) of the Wireless Telegraphy Act 2006.
Edge Telecommunications Ltd v Office of Communications (Ofcom) [2025] EWHC 2758 (KB) (30 October 2025)
The High Court held that Edge had no actionable damages claim for Ofcom’s alleged breach of section 8(4) of the Wireless Telegraphy Act 2006.
The Upper Tribunal allowed On Tower’s appeal, holding that wider sharing rights could be imposed under the Code and were not limited by the 2022 amendments.
The Court of Appeal held that, under the Communications Act 2003, content services must be excluded before applying the test for an electronic communications service.
Explore more
