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
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
- 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?
- 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?
- 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, Managing Director, Gateley Hamer
- Adam Rhead, Partner, Gerald Eve LLP