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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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