Telecom: Law and Practice in 2021
Applying Case Law to Practice
Telecom negotiations cannot be achieved without
understanding the new Code and the case law. A panel of leading lawyers and
practitioners will review important and topical cases and explore the nuances
of what is best and effective practice in the light of these decisions.
| Start Date | Venue | Price | |
|---|---|---|---|
| 8 March 2021 | 2 Virtual Seminars |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Telecom: Law and Practice, will be taking place on the following dates:
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The new Code has brought about a
step change in the relationship between landowner and occupier and the telecom
operator. We all recognise it has been fractious and relations have all too
frequently created intransigence and it has been the role of the Upper Tribunal
that has imposed an agreement between the parties.
Case law dictates the way future
parties should approach negotiations, and it therefore becomes vital that
anyone who operates in the telecom market, understands what is accepted as best
practice. This event will try and show what is best practice in the light of an
increasing body of case law. Equally, if the parties are destined to appear in
the UT, they will be better informed of the standards expected from the
Tribunal.
But some of the powers provided
by the Electronic Communications Code have much in common with compulsory
purchase. Can practitioners use CPO practice as a way to get a step ahead in
the telecom best practice developments?
This event returns to its usual
time slot. It has identified 4 core areas of Telecom practice. Leading
lawyers and surveyors will review key cases that create precedent and there
will be a panel debate, under the chairmanship of Barry Denyer-Green, one of
the joint authors of the principal book on the subject, The Electronic
Communications Code and Property Law. The audience will be encouraged to join
the debates by way of written comments and questions.
Speakers
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Alicia Foo, Partner, Pinsent Masons
- Tony Chase FRICS, Partner, Head of Compensation, Gerald Eve LLP
- Kate Russell BSc (Hons) MRICS FAAV, Technical and Policy Adviser, Central Association of Agricultural Valuers
- Jonathan Wills, Barrister, Landmark Chambers
- Jonathan Stott MRICS, Group Managing Director, Ardent
- Adam Rhead, Partner, Gerald Eve LLP
- Oliver Radley-Gardner KC, Barrister, Falcon Chambers
- Ian Thornton-Kemsley, Consultant, Strutt & Parker, Partner, Thornton Estates
- Colin Cottage BSc (Hons) MRICS RICS Registered Valuer, Managing Director - Compensation, Ardent Management
- Matthew Bonye, Partner, Herbert Smith Freehills LLP
- Frances Edwards, Senior Associate, Herbert Smith Freehills LLP
- Julia Tobbell, Senior Associate, Herbert Smith Freehills LLP
- Graeme Robertson, Senior Associate, Herbert Smith Freehills LLP
Programme
SESSION 1 - MONDAY 8 MARCH 2021
Welcome & Introduction from the Event Chair - Barry Denyer-Green
Review of the Conduct of the Parties in the Light of Recent Judgments and the New Practice Directions
Lead: Alicia Foo Panel: Tony Chase, Kate Russell
- Introduction - why are we even talking about "conduct"?
- A Surveyor's view - what does good practice for meaningful engagement in Code matters look like?
- The Lawyer's view - the expectation from the Law Society, Upper Tribunal and sanctions for parties where there has been no meaningful engagement
- RICS' duties of an expert witness and an independent expert
Seeking Compensation: The Achilles Heel for Operators?
Lead: Jonathan Wills Panel: Jonathan Stott, Adam Rhead
- In CPO Law, there is compensation for injurious affection and for disturbance and other losses. Under the Code, apart from consideration, compensation is dealt within paragraphs 25 and 84
- When can compensation be paid for diminution of value under the Code?
- Can landlords be compensated for loss, or damage from the exercise of a Code right?
- Can landlords who have made agreements, seek compensation?
- Is compensation only sought when the Upper Tribunal has imposed a Code right?
- Can operators make conditional agreements whereby a landlord agrees to forfeit compensation rights?
SESSION 2 - TUESDAY 16 MARCH 2021
Welcome & Introduction from the Event Chair - Barry Denyer-Green
Valuation Methodology
Lead: Oliver Radley-Gardner Panel: Ian Thornton-Kemsley, Colin Cottage
The most important cases on the assessment of consideration and compensation will be cited to establish the following:
- Is this the end of old code valuation principles?
- Are the valuation principles now established? What are they?
- Establishing what is reasonable in your case
- Is there now a new approach to negotiations?
How to Permanently Remove a Mast to Enable Re-Development
Leads: Matthew Bonye, Frances Edwards, Julia Tobbell, Graeme Robertson
- What if the land or building owner is seeking to re-develop? How do you seek to avoid a mask being installed or if already there, how do you get the mast removed?
- What is the likelihood of an operator agreeing to vacate willingly, or must the Upper Tribunal be involved?
- Might a deal be done for temporary occupation whilst redevelopment plans are prepared?
- How advanced must a scheme be before a code right is withdrawn?
- How long will an operator be allowed to remove their kit
- If an operator fails to remove all their kit, are they trespassing? What powers does the landlord have to remove any unremoved fixtures?
- Can the existence of a mast inhibit development of adjoining land? Can that landowner seek compensation, or demand the removal of a mask?