The Electronic Communications Code has been subject to a barrage of litigation since it came into force in December 2017 as both operators and landowners have sought to clarify its practical application and repair holes caused by its drafting.

In 2022, one of these holes was highlighted by the Upper Tribunal (Lands Chamber) following which their decision meant that concurrent lessees were locked out from interacting with agreements for electronic communications apparatus which may have been entered into before they gained an interest in the land.

This created a situation where land was effectively sterilised for developers and where operators were left unsure who they needed to contact in order to request a renewed agreement. The Court of Appeal accepted that this was something which needed to be revisited.

The Court of Appeal have handed down their ruling in Vodafone Limited v Potting Shed Bar and Gardens (formerly known as Gencomp No.7 Ltd) & AP Wireless II (UK) Ltd clarifying the renewal process under the Electronic Communications Code where there is also a concurrent lease.