The Upper Tribunal (Lands Chamber) has delivered an eagerly awaited decision in a case under the new Electronic Communications Code ("the New Code"). In the case of EE Limited (1) Hutchison 3G UK Limited (2) v London Borough of Islington a number of key points were decided.
A copy of the full judgment can be found here.
The key points are as follows:
1. Strict compliance with Tribunal directions is necessary.
2. A code agreement can take the form of a lease.
3. The consideration granted is at a significantly reduced rate than what was being discussed prior to the New Code coming into force.
This is an interesting first decision from the Tribunal and one which we think will be the topic of much debate over the coming weeks.
For the reasons we have given we will impose an agreement under paragraph 20 for a term of 10 years from the date of our order.