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Vodafone Ltd v Potting Shed Bar & Gardens Ltd (formerly Gencomp (No. 7) Ltd) & AP Wireless II (UK) Ltd

On 10 and 11 May the Court of Appeal will consider AP Wireless’s appeal against the Upper Tribunal’s decision ([2022] UKUT 223 (LC)) that a concurrent lessee is not entitled to confer Code rights upon an operator pursuant to a claim for renewal under para 33 of Part 5 of the Code by the operator against it, on the basis such a lessee is not the “other party” to the operator’s Code agreement for the purposes of Part 5 of the Code; and that an operator in Vodafone’s position may instead seek new rights under Part 4.

The case raises important points of principle about the structure and operation of key provisions of the Code as to renewal and termination of Code agreements, and is the first time the Court will consider Part 5 in detail.

Wayne Clark and Fern Schofield will appear for the appellant AP Wireless; James Tipler (led by Graham Read KC) will appear for the respondent Vodafone.

The case is streamed live on Youtube: here

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