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06 July 2012 / Malcolm Dowden , Emma Humphreys
Issue: 7521 / Categories: Features , Property , Technology
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Breaking the code

Emma Humphreys & Malcolm Dowden dissect the recent Law Commission e-comms code consultation

The Law Commission’s consultation paper based on its initial review of the electronic communications code (the code) makes some substantive proposals for change, but also raises several questions and calls for information from practitioners.

Actual reform remains a distant prospect. There is no realistic chance of change until at least 2015. Consequently, while practitioners ought to take the opportunity to contribute to the reform process, the paper has a more immediate practical use since it isolates points on which the code is unclear and possibly unworkable in its current form. Consequently, it provides practitioners with a crisp and direct means to navigate through the complex drafting and often questionable logic of the code when advising clients on current matters.

Private enterprise, public benefit

The Commission considers that a court order made under the code to dispense with the need for agreement to the installation of electronic communications apparatus must engage human rights issues: specifically, protection of private

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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