Code operators as occupiers under the Electronic Communications Code

The decision of the Court of Appeal in Cornerstone Telecommunications Infrastructure v Compton Beauchamp Estates (2019) has met with a sustained challenge by some code operators. That may in part have been aimed at securing wider rights than were intended, but at least in some circumstances it seems to lead to a genuine ‘black hole’ for sitting operators. With the case now heading to the Supreme Court, Andrew Walker QC considers whether there is a sensible solution.