Licence to Thrill (Property Lawyers): EE and H3G v AP Wireless II
In this episode of Unpacking the Case, our head of legal training Richard Snape examines the decision in EE Limited and Hutchison 3G UK Limited v AP Wireless II (UK) Limited, regarding the Electronic Communications Code, the Digital Economy Act 2017 and the Landlord and Tenant Act 1954.
At the heart of the dispute is the question: when telecoms operators occupy land under an agreement, are they tenants with leasehold rights, or merely licensees?
Richard explores how the courts are approaching telecoms agreements following the reforms introduced by the Digital Economy Act.
The discussion considers the consequences for landowners, telecoms operators, investors and property professionals involved in telecoms infrastructure and development sites.
Relevant Cases:
Pretoria Energy Company v Blankney Estates [2022]
Newham LBC v Thomas-Van Staden [2008]
Brilliant v Michaels [1945]
Swift v MacBean [1942]
THE LEADING UK REAL ESTATE LAW FIRM
We are the UK’s largest and most experienced specialist real estate law firm, trusted by leading clients in the property sector for over 25 years.
​
With over 75+ senior lawyers, each bringing an average of 25 years’ post-qualification experience from top-tier private practice and in-house roles, we offer unparalleled expertise across the full range of real estate legal services — including commercial property, planning, construction, environment, real estate finance, property litigation, and more.
​
Our exclusive focus on real estate law uniquely positions us to support fellow professional services firms through our Real Estate Support solution. We deliver specialist legal expertise to the UK Top 30, silver circle firms, US Top 50, and the Big Four.
​
Whether you’re a developer, investor, occupier, institution, or advisor, we provide clear, commercial, and responsive legal advice — helping you to get the job done.