Telecom: Law and Practice in 2021 - Session 2
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: 1 hour 41 minutes
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- How advanced must a scheme be before a code right is withdrawn?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?
- 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