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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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