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14 October 2019 / Emma Humphreys
Issue: 7860 / Categories: Features , Landlord&tenant , Technology
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The calm before a litigation storm?

The new Electronic Communications Code: Emma Humphreys discusses some problematic cases for landowners
  • The market for new sites appears to have ‘stagnated’.
  • Landlords have made known their dislike of the changes introduced by the new code and the aggressive approach taken by some operators.

Mobile operators have been keen to test the boundaries of the new Electronic Communications Code—which governs the relationship between property owners and those who run communications networks through masts, cables, etc—which came into force at the end of 2017. Most tribunal decisions so far make worrying reading for landowners, but we should all be concerned for our wider economy if the constant litigation battles between operators and landowners continue. So, how far-reaching are the rulings to date and why do these decisions matter for our society and economy? 

Can operators use the new code to insist on surveying private property?

Yes, according to the Upper Tribunal decision in Cornerstone Telecommunications Infrastructure Ltd v University of London [2018] UKUT

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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