Vodafone Ltd (claimant/respondent) v Gencomp (no 7) ltd & anr
Wednesday 10 – Thursday 11 May 2023
By Appellant’s Notice filed on 26 October 2022, AP Wireless II (UK) Limited, a Respondent below, appeal the decision of Martin Roger KC in the Upper Tribunal (Lands Chamber) dated 17 August 2022.
Background – The appeal arises in connection with the renewal of a lease of the tower of the Old Fire Station in Bindley, used by Vodafone as a site for its electronic communications equipment.
The Appeal Court is asked to determine that, contrary to the finding of the UT, an overriding lessee is entitled to confer Code rights upon an operator pursuant to a claim for renewal pursuant to para 33 (forming part of Part 5 of the Code) made by the operator against its immediate landlord, albeit that landlord is not the original contracting party.
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