Electronic Communications Code – Further guidance on jurisdiction – Occupation – Tenancies

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 (Court of Appeal) (LJJ Lewison, Simon and David Richards) (22 October 2019)

In our May 2019 issue Commercial Leases Vol 33 Issue 4 at p2660 we highlighted the first instance decision of the Upper Tribunal (Lands Chamber) in this case. The tribunal held that the respondent land owner was not in occupation of the land by virtue of a tenancy granted to Vodafone which had acquired rights under the old Code and which remained in occupation of part of the application land and its equipment was within a fenced off compound. The irony is that Vodafone is a member of a consortium which incorporated the applicant.