EE Limited and Hutchinson 3G UK Limited v London Underground Limited
Decision date: 1 June 2021
Neutral citation: [2021] UKUT 128 (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
EE and H3G sought interim Code rights to carry out a multi-skilled visit (MSV) to survey a London Underground roof after losing a nearby site. The Tribunal held that an interim MSV order under paragraph 26 may be made on a "good arguable case" that paragraph 21 conditions are met and found the claimants had shown such a case. London Underground's security objections were held to be remote/theoretical and capable of being addressed by conditions (vetting, supervision, limited visits), so interim access was granted subject to agreed security terms; costs reserved.
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
An interim MSV right under paragraph 26 can be conferred where the claimant establishes a plausible evidential basis—a "good arguable case"—that the substantive paragraph 21 conditions for access are satisfied; asserted security risks that are remote or theoretical do not necessarily defeat an interim order and can often be managed by appropriate conditions imposed on access.
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 indicated that granting limited interim MSV access should not be treated as prejudging any future paragraph 20 application for permanent rights, since different standards and issues will apply; and noted that telecommunications operators commonly obtain access to sensitive buildings but must cooperate and take site providers' security concerns seriously.