||All England Reporter
|| All ER (D) 242 (Oct)
|| EWCA Civ 1339
||Court of Appeal, Civil Division
Mummery, Sedley and Lloyd LJJ
||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.
||19 October 2006
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.
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.
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