About the Book
The second edition of this book incorporates the recent amendments to the Electronic Communications Code and recent cases including consideration of the Code by the Supreme Court. It is a practical guide to litigation arising out of the Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them.
This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply.
The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code.
CONTENTS
Chapter 1: An Introduction to the New Electronic Communications Code
Chapter 2: Code Operators, Their Networks, and Code Rights
Chapter 3: Notices, their Service, and Paragraph 20 Notices
Chapter 4: The Identity of "the court", and Applications to it to Acquire Code Rights
Chapter 5: Terms of and Formalities for Code Agreements, and Enforcement
Chapter 6: Consideration and Valuation
Chapter 7: Compensation
Chapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies
Chapter 9: Variation of Code Agreements, and Interim Payments of Consideration
Chapter 10: Removal of Apparatus
Chapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights
Chapter 12: The Transitional Provisions
Chapter 13: Parts 4A and 4ZA of The Code: Unresponsive Owners and Occupiers
Chapter 14: ADR, Procedures and Practicalities