Covent Garden IP Limited v CTIL [2025] UKUT 136 (LC)

An interesting appeal just heard by the UT in another telecoms case. The UT has held (contrary to what the FTT had ruled) that there is no legal principle or rule of practice that prevents a site provider from claiming consideration as well as compensation when the Tribunal orders interim code rights for Multi-Skill Visits under paragraph 26 of the Code. If the site provider wishes to adduce expert evidence in support of a claim for consideration then it should be permitted to do so. The appeal was dismissed because, although the FTT's decision to refuse to permit the site provider to adduce expert evidence was given for the wrong reasons, it was nevertheless a decision which could and would have been reached if it had applied the correct reasoning on the facts of the case. Nevertheless, this could prove to be a bit of a pyrrhic victory for Code Operators as it will permit site providers who are so inclined to seek to claim consideration as well as compensation for MSVs in the future.

A link to the judgment may be accessed here.

David Holland KC acted for the appellant, instructed by Michael Watson of Concorde Solicitors.