Promoting and enhancing best practice and technical expertise

Telecom: Law and Practice in 2021 - Session 1

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.

Module Duration: 2 hours 1 minute

Recorded: 08/03/21

Areas covered

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 ChaseKate 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?