We are pleased to see two appeals that our members are involved in this year have been included in The Lawyer’s Top 10 Appeals of 2022.
London Trocadero v Picturehouse Cinemas, Gallery Cinemas, Cineworld Cinemas
Nicholas Trompeter QC instructed by Druces will be representing the appellant in this matter which is due to be listed in the Court of Appeal for early 2022.
The case involved Picturehouse cinemas’ iconic flagship venue which they had not paid rent on since 2020, building up £2.9m in rent arrears. The High Court judgment sided with the claimant however with millions of pounds of arrears at stake the defendants will be going back to the Court of Appeal this year. This case has wide-ranging implications for the leisure and hospitality industry and commercial landlords.
The High Court judgment can be found below:
London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors  EWHC 3103 (Ch) (19 November 2021)
On Tower UK v AP Wireless II UK
Justin Kitson with Kester Lees and led by Jonathan Seitler QC instructed by Alicia Foo at Pinsent Masons will be representing the respondent, On Tower UK, for the Appeal in the Supreme Court which is listed for 1-3 February 2022.
This will be the first Supreme Court ruling on who is an occupier for the purposes of the Telecommunications Code.
The Upper Tribunal (Lands Chamber) judgment in this matter can be found below:
Arqiva Services Ltd v AP Wireless Ii (UK) Ltd (ELECTRONIC COMMUNICATIONS CODE – TEMPORARY CODE RIGHTS)  UKUT 195 (LC) (19 June 2020)