Clarification of parties to electronic communications agreement on assignment (AP Wireless v On Tower UK Ltd)
Property Disputes analysis: The Upper Tribunal was asked to decide on appeal whether On Tower UK Ltd, as assignee of three electronic communications agreements created by licence prior to 28 December 2017, had become a party to those agreements on completion of the assignments. It was held that while the assignee had gained the benefit of the licences on assignment (in that they had the benefit of Code rights granted under the agreements), they did not automatically become bound by the burden. Accordingly, in the absence of a covenant to be bound by and perform the obligations of the agreements, they could not be held to have assumed the burden of the agreements and therefore could not be a party to those Code agreements. Written by Daniel Wright, associate at Browne Jacobson LLP.