LC-2023-000734 - [2025] UKUT 00058 (LC)

In this case the Claimant, Vodafone Limited, is seeking the renewal of a code agreement under the Electronic Communications Code. The code agreement relates to a mobile communications site (“the Vodafone Site”) located in an agricultural field at Steppes Hill Farm, South Street Road, Stockbury, Sittingbourne, Kent ME9 7RB. By a reference issued in the Tribunal on 17^th March 2023, the Claimant has sought the renewal of the code agreement pursuant to paragraphs 33 and 20 of the Code.

The First Respondent, Icon Tower Infrastructure Limited, acquired the registered freehold title to the Vodafone Site from the Second Respondent, AP Wireless II (UK) Limited, by a transfer executed on 18^th May 2023. The First Respondent, in succession to the Second Respondent, resists the renewal of the code agreement. Following the service by the First Respondent of notices to terminate the code agreement, and the service of counter-notices in response by the Claimant, the Claimant issued the present reference in the Tribunal, on 7^th November 2023, seeking a new code agreement pursuant to paragraph 34(6) of the Code.

By an order made at a case management hearing on 12^th January 2024, as subsequently amended, the Tribunal ordered the determination, by way of preliminary issues, of the three grounds relied upon by the First Respondent for bringing the code agreement to an end.

The preliminary issues came on for trial before us on 13^th November 2024. The trial lasted 7 days, excluding pre-reading days. The Claimant was represented by Oliver Radley-Gardner KC and Emer Murphy. The Respondents were represented by Toby Watkin KC, Wayne Clark and Matthew Henderson. We are grateful to all counsel for their assistance, by their written and oral submissions, in our determination of the preliminary issues.

This is our decision on the preliminary issues in this reference.