A Practical Guide to the New Electronic Communications Code for Property Lawyers

This book is a practical guide to litigation arising out of the new Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them.

This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply.

The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code.

ABOUT THE AUTHORS

Kerry Bretherton QC is a silk who specialises in property, property development and related commercial transactions. She deals with all aspects of development work, real property and commercial and residential landlord and tenant for a variety of clients including developers, companies and private individuals. Kerry also deals with public law cases which are related to property work, with experience on the AG A Panel prior to her appointment to silk, and her clients include central and local government. Kerry has regularly appeared in the Court of Appeal and Supreme Court and has been counsel in some of the leading property cases. Kerry is ranked in Chambers & Partners 2021 and Legal 500.

James Castle is a junior barrister at Tanfield Chambers who specialises in property litigation. This includes real property disputes, the law of landlord and tenant (both commercial and residential), and of course the Electronic Communications Code. And because property cases often involve other elements, James also regularly deals with commercial debts, insolvency issues, company law and even harassment.

CONTENTS

Chapter 1: An Introduction to the New Electronic Communications Code
Chapter 2: Code Operators, Their Networks, and Code Rights
Chapter 3: Notices, their Service, and Paragraph 20 Notices
Chapter 4: The Identity of “the court”, and Applications to it to Acquire Code Rights
Chapter 5: Terms of and Formalities for Code Agreements, and Enforcement
Chapter 6: Consideration and Valuation
Chapter 7: Compensation
Chapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies
Chapter 9: Variation of Code Agreements, and Interim Payments of Consideration
Chapter 10: Removal of Apparatus
Chapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights
Chapter 12: The Transitional Provisions
Chapter 13: ADR, Procedures and Practicalities