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13 July 2018 / Toby Boncey , Stephanie Tozer
Issue: 7801 / Categories: Features , Property
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A new line of attack?

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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
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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DWF—Stephen Webb

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mfg Solicitors—Nick Little

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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