Source: All England Reporter
Publisher Citation: [2006] All ER (D) 242 (Oct)
Neutral Citation: [2006] EWCA Civ 1339
Court: Court of Appeal, Civil Division
Judge:

Mummery, Sedley and Lloyd LJJ

Representation Derek Wood QC and Robert Walton (instructed by Field Fisher Waterhouse) for V.
  David Holgate QC and Timothy Morshead (instructed by the Solicitor for Revenue and Customs) for the valuation officer.
Judgment Dates: 19 October 2006

Catchwords

Rates - Rateable occupation - Hereditament - Fibre optic telecommunications network - Network contained in cables partly owned by network provider and partly owned by third parties - Whether entire network constituting rateable hereditament - Whether network provider in exclusive occupation.

The Case

Where a fibre optic telecommunications network was contained in cables partly owned by the network provider and partly owned by third parties, the Lands Tribunal had correctly held that the network was a unit of property, so as to form a rateable hereditament, and that the network provider was in actual exclusive occupation of the whole network.

Practice Areas

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