LC-2023-000815 - [2025] EWCA Civ 971

Appeal No: CA-2024-002618

ON APPEAL FROM THE UPPER TRIBUNAL (LANDS CHAMBER)

Mr Justice Edwin Johnson, President [2024] UKUT 263 (LC)

ON APPEAL FROM THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

Judge D Jackson

Royal Courts of Justice

Strand, London, WC2A 2LL

Before:

SIR GEOFFREY VOS, MASTER OF THE ROLLS

LORD JUSTICE MOYLAN

and

LADY JUSTICE ASPLIN

Between:

AP WIRELESS II (UK) LIMITED

Claimant/Appellant

v.

ON TOWER (UK) LIMITED

Defendant/Respondents

David Holland KC and Wayne Clark KC (instructed by Freeths LLP) for the Claimant (the owner)

Oliver Radley-Gardner KC and Imogen Dodds (instructed by Gowling WLG (UK) LLP) for the Defendant (the occupier)

Hearing date: 15 July 2025

JUDGMENT

This judgment was handed down remotely at 10:00am on 25 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.