Three members of Falcon Chambers appeared in a significant case before the Court of Appeal under the Electronic Communications Code.
Three members of Falcon Chambers appeared in a significant case before the Court of Appeal under the Electronic Communications Code.
In a case generally known as ‘Gencomp’ ([2023] EWCA Civ 825), the Court of Appeal considered the renewal procedure under Part 5 of the Code. As a result of the court’s ruling, which overturns the decision at first instance, intermediate lessees, who are not as a matter of law successors in title to the original grantor of rights nor original parties to the agreement, will nevertheless be able to implement the procedures for renewal and termination under paragraphs 33 and 31 of the Code. The decision is of significance for all sites where overriding leases or other complex title structures are involved.
Wayne Clark and Fern Schofield appeared for the appellant. James Tipler, led by Graham Read KC, appeared for the respondent.
The full judgment is here.
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