Easements; LTA 1954; Upper Tribunal grants leapfrog certificate in the Clocktower Investments case
The Upper Tribunal has (17 August 2026) granted a leapfrog certificate in the matter of EE Ltd & H3G Ltd v Clocktower Investments Limited [2026] UKUT 163 (LC) permitting EE and H3G to apply to the Supreme Court for permission to appeal against the Tribunal’s decision.
The Tribunal was bound by the Court of Appeal’s decision in Pointon York Group plc v Poulton [2007] 1 P & CR 115 to conclude that incorporeal property alone can comprise “premises” capable of being occupied by a tenant for the purpose of s. 23 of the Landlord and Tenant Act 1954, such that operators in occupation of easements but not the demised premises nonetheless had to renew their rights under the Act and not the Code. That produces results that the Tribunal described as “paradoxical”. Had it not been bound by Pointon, the Tribunal would have found in EE and H3G’s favour.
The case concerns the essential qualifying conditions for Part 2 of the Landlord and Tenant Act 1954 Supreme Court and so raises a point of law of general importance. The Supreme Court can now be invited to review Pointon and decide whether it should be overturned.
James Andrews-Tipler continues to act for EE and H3G, instructed by Duncan McLuckie (Winckworth Sherwood LLP) and MBNL.
The leapfrog certificate can be accessed here.
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