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Electronic Communications Code: Access and interim rights - Cornerstone v University of London

The Court of Appeal have delivered judgment, available HERE, in the above case, known also as “Lillian Penson”. The appeal concerned a request for paragraph 26 interim rights by Cornerstone, the operator, to carry out what is known as an “MSV” or (multi-skilled visit). Secondly, the Court of Appeal was asked to consider whether a claim for interim rights could only ever be parasitic on a claim for paragraph 20 final rights. Agreeing with the result reached by the Upper Tribunal:

  1. The Court of Appeal decided that an MSV formed part of the “works” to be undertaken “in connection with” installation of electronic communications apparatus (“ECA”) and was therefore a comprised within code right 3(d); and
  2. That a paragraph 26 application could be made on a free-standing basis, without rights also being sought under paragraph 20. This is useful to practitioners under the Code, as it permits the parties to agree, or for there to be imposed, an agreement on an interim basis which does not carry with it security of tenure under Part V, thereby allowing short-term agreements to be entered into.

Wayne Clark (leading Jonathan Wills), instructed by Eversheds for the Appellant, and Oliver Radley-Gardner (led by Jonathan Seitler QC), instructed by DAC Beachcroft for the Respondent.

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