The Electronic Communications Code

The second edition of this book incorporates the recent amendments to the Electronic Communications Code and recent cases including consideration of the Code by the Supreme Court. It is a practical guide to litigation arising out of the 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.

ABOUT THE AUTHORS

Kerry Bretherton KC is a silk at 39 Essex Chambers. She specialises in property, including applications under the Electronic Communications Code, property development, building safety and related commercial transactions. She deals with all aspects of development work, real property and commercial and residential landlord and tenant for a variety of clients including developers, companies, solicitors, central and local government and private individuals by way of direct access instruction. Kerry has appeared in many of the leading property cases in the Court of Appeal and Supreme Court. Kerry is ranked in Chambers & Partners and Legal 500 and was nominated for Legal 500 Property Litigation Silk of the Year in 2022.

James Castle is a barrister at Tanfield Chambers who specialises in property litigation. This includes real property disputes, the law of landlord and tenant (both commercial and residential), and of course the Electronic Communications Code. And because property cases often involve other elements, James also regularly deals with commercial debts, insolvency issues, company law and even harassment. James also contributes to the leading legal textbook on property management.

Mark Loveday is a senior member of the property team at Tanfield Chambers, and editor of the leading legal textbook on property management. He has represented commercial and residential landlords and leaseholders at every level, including the First-tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber), Court of Appeal and Supreme Court. Mark is a judge of the First-tier Tribunal and is a member of the Tribunal Procedure Committee, responsible for writing the procedure rules for the First-tier and Upper Tribunal. His advice column on residential property matters appears in the Times property section every Friday.

CONTENTS

Chapter One – An Introduction to the New Electronic Communications Code
Chapter Two – Code Operators, Their Networks, and Code Rights
Chapter Three – Notices, their Service, and Paragraph 20 Notices
Chapter Four – The Identity of “the court”, and Applications to it to Acquire Code Rights
Chapter Five – Terms of and Formalities for Code Agreements, and Enforcement
Chapter Six – Consideration and Valuation
Chapter Seven – Compensation
Chapter Eight – Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies
Chapter Nine – Variation of Code Agreements, and Interim Payments of Consideration
Chapter Ten – Removal of Apparatus
Chapter Eleven – Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights
Chapter Twelve – The Transitional Provisions
Chapter Thirteen – Parts 4A and 4ZA of the Code: Unresponsive Owners and Occupiers
Chapter Fourteen – ADR, Procedures and Practicalities