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

For ease of reference, we shall refer to the parties by their names, rather than using their titles in these proceedings. We shall refer to the Claimant as “Vodafone”, to the First Respondent as “Icon”, and to the Second Respondent as “APW”. References to “the Code” mean the Electronic Communications Code, contained within Schedule 3A to the Communications Act 2003 (“the 2003 Act”), as inserted by Section 4(2) of the Digital Economy Act 2017, and Schedule 1 thereto. References to “the Old Code” mean the predecessor of the Code; namely the Telecommunications Code contained in Schedule 2 to the Telecommunications Act 1984, which was repealed by Section 4(1) of the Digital Economy Act 2017 with effect from 28^th December 2017.

All references to Paragraphs in this decision are, unless otherwise indicated, references to the paragraphs of the Code. References to “the Tribunal” mean the Upper Tribunal Lands Chamber. Other definitions are as established in the course of this decision. Italics have been added to quotations. Unless otherwise indicated, the words “lease” and “tenancy” are used interchangeably in this decision.

It is convenient to refer to the current reference (LC-2023-000734) issued by Vodafone on 7^th November 2023, in which the preliminary issues have been directed, as “the Termination Proceedings”. We will refer to the earlier reference in respect of the Vodafone Site (LC-2023-000151), issued by Vodafone on 17^th March 2023, as “the Renewal Proceedings”.

We had the benefit of a transcript of the trial of the preliminary issues (“the Trial”). References to extracts from the transcript are given by day/page number/line number, in square brackets and bold print. [T1/1/4-5] thus refers to lines 4-5 on page 1 of the transcript of the first day of the Trial.