header-logo header-logo

13 July 2018 / Toby Boncey , Stephanie Tozer
Issue: 7801 / Categories: Features , Property
printer mail-detail

A new line of attack?

nlj_7801_boncey

Stephanie Tozer & Toby Boncey provide a master class in litigation under the new Electronic Communications Code

  • Types of claim which may arise under the new code.
  • The power to impose an agreement on a landowner without his consent.

On 28 December 2017, a new Electronic Communications Code, which can be found in Schedule 1 of the Digital Economy Act 2017, came into force. In simple terms, its purpose was to make it easier for operators to acquire and retain rights to use land needed to enable them to provide comprehensive networks. The operators to whom the code applies are listed on the Ofcom website. Most of them run telephone networks and/or provide broadband internet access.

A number of types of claim may arise under the code. This article focuses on two of the most significant types of litigation under the code which are likely to arise in the near future:

  • litigation about apparatus which has been in situ since before 28 December 2017; and
  • new agreements: the power to impose
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll