- Litigation risk derails application for Electronic Communications Code agreement (Cornerstone Telecommunications Infrastructure Ltd v University of the Arts London)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Dispute analysis: This was the first case in which the Upper Tribunal (UT) had to adjudicate on whether the prejudice caused to an occupier of land should prevent an agreement being imposed under para 20 of the Electronic Communications Code (the Code) and Schedule 3A to the Communications Act 2003. The respondent landowner asserted that under para 21(2) of the Code, the prejudice caused to it would not be adequately compensated by money, or in any event under para 21(3), the prejudice would outweigh the public benefit derived from a code agreement. The UT held in favour of the respondent on both of these grounds, and refused to impose the agreement. It was held that the ‘level of prejudice must be very high indeed to outweigh the public benefit’. This was also the first case in which the UT considered numerous contested terms of the proposed para 20 agreement. Written by Jonathan Wills, barrister, at Landmark Chambers.
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