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27 June 2019 / James Tipler , Paul Letman
Issue: 7846 / Categories: Features , Property , Technology
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Electronic Communications Code: Stay tuned

The new Electronic Communications Code: James Tipler & Paul Letman share seven key takeaways 18 months on from implementation

  • The meaning and application of the new code.
  • The arguments canvassed and tested on behalf of landowners and operators so far.

Since the eagerly anticipated entry into force of the new Electronic Communications Code (the code) on 28 December 2017, the Upper Tribunal (Lands Chamber) (the tribunal) has offered a wealth of insights on the meaning and application in practice of the new code in the seven references that have been decided and reported reported as at 1 June 2019, which all merit a close reading in full. This article highlights one key takeaway point from each.

1. The right to carry out a preliminary site survey and inspections—a so-called ‘multi-skilled visit’ (MSV)—is a code right: CTIL v University of London [2018] UKUT 0356 (LC)

Entry onto a potential site to assess its suitability for hosting Electronic Communications Apparatus (ECA) with the aid of persons with expertise across a range of different disciplines—the so-called ‘MSV’—is a vital first step for operators

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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