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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll