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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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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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