Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
[2022] UKSC 18
Ratio Decidendi
Under the Electronic Communications Code (Schedule 3A Communications Act 2003), the consideration (rent) for an agreement to install telecoms apparatus should be assessed on a 'no-network' basis — excluding the value attributable to the telecommunications use.
Fapte
A telecoms operator sought to renew rights to maintain a mast on private land. The landowner argued for market rent; the operator argued for the lower 'no-network' valuation basis.
Rezumatul hotărârii
The Supreme Court confirmed the 'no-network' valuation approach: the consideration should reflect only the value of the land without the telecoms use. This significantly reduced the amounts telecoms operators pay for site access.
Citate cheie
"The consideration must be assessed on the assumption that the agreement does not relate to the provision of an electronic communications network."
— Lord Briggs
Tratament ulterior
Definitive authority on valuation under the Electronic Communications Code.