Electronic Communications Code – Jurisdiction – Overlap with occupation tenancies

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 (22 October 2019)

We summarised the first instance decision in our May 2019 edition Commercial Leases Volume 33 Issue 4 at p2660. The case concerned jurisdiction of the Upper Tribunal to impose a Code agreement on a party that it not in occupation of the site. It also considered the “public benefit” test, the terms that can be imposed in a Code agreement the amount of compensation that might be payable if a Code agreement is imposed.