Cornerstone Telecommunications Infrastructure Ltd v Gateway Properties Ltd & Anor
Decision date: 1 August 2023
Neutral citation: [2023] UKUT 188 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
CTIL brought Electronic Communications Code references seeking a new Code agreement against APW; after the Supreme Court resolved a preliminary jurisdictional issue and the parties agreed a Deed of Variation, the Tribunal dismissed both references. The Tribunal held CTIL was not the successful party (except on the preliminary issue remitted to the Supreme Court) and ordered CTIL to pay APW's costs of the references on the standard basis. Indemnity costs were refused. Costs of the preliminary issue are to be determined by the Supreme Court.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The Tribunal treated as a proper exercise of its costs jurisdiction the making of a costs order in favour of the respondent where the substantive dispute has been resolved by agreement, having regard to the overall result, parties’ conduct and offers, and provided that doing so would not require disproportionate judicial time. It also held that a party pursuing relief it could not obtain, or failing to narrow an unrealistic case until late, may be liable for costs incurred in pursuing those aspects.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The Tribunal observed that the modest additional rights CTIL sought were peripheral and likely could have been agreed consensually or addressed under the 1954 Act without litigation, and noted that the 28‑day period after service of a paragraph 20 notice is an important opportunity to avoid unnecessary proceedings and costs; premature commencement of references can produce recoverable costs.