Case No. UKUT-0130-(LC)-UTLC-Case-Number:-LC-2022-142

1.This is a reference under Schedule 3A to the Communications Act 2003, known as the Electronic Communications Code or “the Code”; the claimant seeks interim Code rights under paragraph 26 to enable it to inspect and carry out an “intrusive survey” of the rooftop of the respondent’s premises at 100 New Oxford Street, London WC1A 1HB. It needs to do this in order to determine whether it would be a suitable site for telecommunications equipment, to replace a site nearby that the claimant is required to leave. 2.The respondent is the registered proprietor of 100 New Oxford Street, which is the subject of multiple leases. It is a company registered in Luxembourg and has a registered office in Luxembourg.3.The reference to the Tribunal was made on 23 March 2022, and the Tribunal’s directions stated that it would hear and if possible determine the reference in a case management hearing on 13 May 2022. I heard the reference by remote video platform. The claimant was represented by Ms Camilla Chorfi of counsel, to whom I am grateful. There is no evidence that the respondent is aware even of the claimant’s wish to visit its rooftop, let alone of these proceedings. The application is refused, for that and for other reasons that I go on to explain.