Telecom: Law and Practice in 2021 - Virtual Seminars
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.
|8 March 2021||Virtual Conference - Session 1|
|16 March 2021||Virtual Conference - Session 2|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
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.
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Oliver Radley-Gardner QC, Barrister, Falcon Chambers
- Ian Thornton-Kemsley, Consultant, Strutt & Parker, Partner, Thornton Estates
- Colin Cottage BSc (Hons) MRICS RICS Registered Valuer, Managing Director - Compensation, Ardent
- 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
SESSION 2 - TUESDAY 16 MARCH 2021
Welcome & Introduction from the Event Chair - Barry Denyer-Green
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
- 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?