Telecoms: Upper Tribunal issues warning against delay tactics

United Kingdom

“This is vexatious conduct and the Tribunal will not indulge it.

The words of Upper Tribunal Judge, Elizabeth Cooke, to a landowner who, in her view, “sought to delay the resolution of the reference and to hijack the final determination by raising issues that should have been raised months ago”.

Parties should be alive to the Tribunal’s willingness to criticise alleged delay tactics. To avoid criticism and potential costs sanctions, parties should be transparent in correspondence and make sure their position is clear and consistent from the outset and throughout.

(1) EE Limited (2) Hutchison 3G UK Limited v Trustees of the Meyrick 1968 Combined Trust ([2020] UKUT 0105 (LC))