Court of Appeal to hear second case under the Electronic Communications Code

Cornerstone Telecommunications Infrastructure Limited v The University of London C3/2019/0379 The Court of Appeal will further consider the provisions of the Electronic Communications Code this week at a hearing on 12 November 2019 in the case of Cornerstone Telecommunications Infrastructure Limited v The University of London C3/2019/0379, which will be streamed live here. The Appellant is appealing on two grounds, raising the following issues of interpretation:

• Whether a right to inspect and survey land in order to determine its suitability to be used for Code purposes can be granted to an operator under the Code, within paragraph 3(1)(a) or 3(1)(d) of the Code; and
• Whether an operator can seek an interim right under paragraph 26 of the Code (and hence benefit from a code agreement on a ‘good arguable case’ test) without also seeking that right on a substantive basis in a claim under paragraph 20 of the Code.

Jonathan Wills is acting as junior counsel for the Appellant, The University of London.