Mark Reading and Isabel Lich analyse the first application of the Franses conditional intention test for landlords in the context of telecommunications
In the recent case of EE Ltd and Hutchison 3G UK v Meyrick 1968 Combined Trust of Meyrick Estate Management  UKUT 164 (LC), the Upper Tribunal (the tribunal) had to consider a landowner's objection to the imposition of rights pursuant to the Electronic Communications Code.
The Code creates rights for mobile telephone network operators to keep and use telecommunications equipment on land. In this case, the operators' application for code rights was challenged on the basis that the landowner intended to redevelop the land in question.
The landowner was unsuccessful as it was not found to have the requisite intention as its redevelopment plans were plainly "conce...
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