AP Wireless v On Tower UK Limited [2024] UKUT 263 (LC)
The lease/licence distinction, and whether the terms of two agreements conferred exclusive possession, has been the subject of a very detailed treatment in a 74 page judgment in the recent decision of Mr Justice Edwin Johnson in AP Wireless v On Tower UK Limited [2024] UKUT 263 (LC) 9th September 2024. It will no doubt become one of the leading authorities. The judge agreed with the site provider appellants that the agreements did confer exclusive possession. He also considered the issue of whether the defined term of one of the two agreements granted a term certain, at law, so as to give rise to the grant of a lease. A provision for a “minimum term of 10 years” continuing thereafter subject to 12 months’ notice to terminate at any time by either party was held to insufficiently certain to grant a lease. Wayne Clark acted for the site provider appellants, AP Wireless, having the pleasure of being led by David Holland KC and instructed by Dan Cuthbert and Ella Carroll at Freeths. Oliver Radley-Gardner KC acted for the operator. The judgment can be found here.
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