- Upper Tribunal guidance on ‘unoccupied land’ in the telecoms code (EE v Cooper)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: The Upper Tribunal (UT) gave guidance on the evidence needed to determine land is ‘unoccupied’ for Electronic Communications Code purposes. In this case, the operator’s enquiries were inadequate. Even if it could be determined that land is unoccupied, everyone whose interest in it might be prejudiced needed to be given notice of the reference, and the tribunal required evidence about who those people were in order to determine what prejudice might be caused to them. Written by Fern Schofield, barrister, at Falcon Chambers.
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