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A Practical Guide to the New Electronic Communications Code for Property Lawyers

A Practical Guide to the New Electronic Communications Code for Property Lawyers

Author: Kerry Bretherton KC; James Castle
Publisher: Law Brief Publishing
ISBN: 9781914608094
Published In: March 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book is a practical guide to litigation arising out of the new Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them.

This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply. The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code.

Chapter 1: An Introduction to the New Electronic Communications Code

The Development of the Code

The Purpose of the Code

The Operation and Content of the Code and this Book

Summary

Chapter 2: Code Operators, Their Networks, and Code Rights

Code Operators

Telecoms Networks and Apparatus

Code Rights and their Exercise

The Power to Upgrade or Share Telecoms Apparatus

Summary

Chapter 3: Notices, their Service, and Paragraph 20 Notices

The General Requirements for Notices Given Under the Code

The Service of Notices Given Under the Code

Paragraph 20 Notices

The Relevant Person Under Paragraph 20

Summary

Chapter 4: The Identity of “the court”, and Applications to it to Acquire Code Rights

The Upper Tribunal is “the court”

Applications Under Paragraph 20 of the Code: Code Rights

Applications Under Paragraph 26 of the Code: Interim Code Rights

Applications Under Paragraph 27 of the Code: Temporary Code Rights

The Applicable Test

The Redevelopment Defence

Summary

Chapter 5: Terms of and Formalities for Code Agreements, and Enforcement

Mandatory Terms for Imposed Code Agreements

Discretionary Terms for Imposed Code Agreements

Formalities for All Code Agreements

Enforcement of Code Rights and Agreements

Summary

Chapter 6: Consideration and Valuation

The Policy Underpinning Consideration Under the Code

The Obligation to Pay Consideration

The Valuation Method

The Valuation of Rent for Telecoms Equipment Under Section 34 of the 1954 Act

Summary

Chapter 7: Compensation

The Power to Make an Order for Compensation

The Order for Compensation

The Timing of the Award

Limitation on Compensation

Heads of Compensation

Legal and Valuation Expenses

Diminution in Value

Other Claims for Compensation

Evidence for Compensation Claims

Summary

Chapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies

The Application of Part 5 of the Code

The Continuation of Code Rights

The Termination of Code Agreements to Which Part 5 of the Code Applies

Summary

Chapter 9: Variation of Code Agreements, and Interim Payments of Consideration

The Procedure for Varying the Terms of a Code Agreement

The Orders the Tribunal May Make

Interim Payments of Consideration

Summary

Chapter 10: Removal of Apparatus

The Procedure for Determining Whether Apparatus is on Land Pursuant to a Code Right

The Conditions Required for a Landowner to have the Right to Require Removal of Apparatus

The Circumstances in which a Landowner or Occupier of Neighbouring Land has the Right to Require Removal of Apparatus

The Procedure for Removal of Apparatus by the Landowner or Occupier

Third Party Rights to Remove Apparatus

A Separate Application for the Restoration of Land

Orders on Applications under Paragraphs 40 to 43 of the Code

Summary

Chapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights

Third Parties who can be Bound by Code Rights

The Land Registration Act 2002

The Assignment of Code Rights

Summary

Chapter 12: The Transitional Provisions

Subsisting Agreements

The Parts of Each the Old Code and Code that Apply to Subsisting Agreements

Summary

Chapter 13: ADR, Procedures and Practicalities

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A Practical Guide to the New Electronic Communications Code for Property Lawyers

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A Practical Guide to the New Electronic Communications Code for Property Lawyers

New Edition is available now !

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You may also be interested in these books:

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