Promoting and enhancing best practice and technical expertise

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

Event duration: Event Split into 2 Sessions (3.15 hours total CPD).
Registration from: 9.50. Event starts at: 10.00. Event finishes at: 11.30 - 11.45.

Telecom: Law and Practice, will be taking place on the following dates:

Download and print your full course brochure here

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.




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 StottAdam 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?


Welcome & Introduction from the Event Chair - Barry Denyer-Green

Valuation Methodology 

Lead: Oliver Radley-Gardner PanelIan Thornton-KemsleyColin 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 BonyeFrances EdwardsJulia TobbellGraeme 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?