EE Limited & Anor v HSBC Bank Plc
Decision date: 4 July 2022
Neutral citation: [2022] UKUT 174 (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
This appeal concerns a paragraph 26 reference under the Electronic Communications Code where EE and another sought interim rights to access HSBC's land for surveys; the parties had agreed interim rights but not compensation or costs. The Tribunal held that HSBC was entitled to its reasonable transaction costs (to be agreed or determined) and summarily assessed HSBC's costs of the reference at £15,000, ordering the claimants to pay with a payment on account of £12,500. The Tribunal explained it will normally order the operator (claimant) to pay a site provider's costs in paragraph 26 references where there is no agreement to the contrary and the claimant's conduct (failure to engage with a draft agreement) supported an adverse costs order.
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 exercised its discretion over costs in paragraph 26 references and, absent an agreement to the contrary, will normally order the operator seeking an interim Code right to pay the site provider's costs; costs incurred by a site provider because an operator seeks Tribunal-ordered interim rights ought not, in principle, to fall on the site provider.
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 decision notes (obiter) that many paragraph 26 references are resolved by consensus and can include agreements that there shall be no order for costs, and that the Tribunal's practice in awarding costs in such references reflects similar practice in compulsory acquisition contexts.
Warning
The chunk repeats substantial passages verbatim; some duplication makes the text noisy. some duplication in the provided notes makes the text noisy; they may be materially incomplete.