‘A Practical Guide to the New Electronic Communications Code for Property Lawyers’ by Kerry Bretherton KC & James Castle


Paperback: 978-1-914608-09-4
Published: March 2022
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This book is a practical guide to litigation arising out of the new 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.


Kerry Bretherton KC is a silk who specialises in property, property development and related commercial transactions. She deals with all aspects of development work, real property and commercial and residential landlord and tenant for a variety of clients including developers, companies and private individuals. Kerry also deals with public law cases which are related to property work, with experience on the AG A Panel prior to her appointment to silk, and her clients include central and local government. Kerry has regularly appeared in the Court of Appeal and Supreme Court and has been counsel in some of the leading property cases.  Kerry is ranked in Chambers & Partners 2021 and Legal 500.

James Castle is a junior barrister at Tanfield Chambers who specialises in property litigation. This includes real property disputes, the law of landlord and tenant (both commercial and residential), and of course the Electronic Communications Code. And because property cases often involve other elements, James also regularly deals with commercial debts, insolvency issues, company law and even harassment.


Chapter 1: An Introduction to the New Electronic Communications Code
The Development of the Code
The Purpose of the Code
The Operation and Content of the Code and this Book

Chapter 2: Code Operators, Their Networks, and Code Rights
Code Operators
Telecoms Networks and Apparatus
Code Rights and their Exercise
The Power to Upgrade or Share Telecoms Apparatus

Chapter 3: Notices, their Service, and Paragraph 20 Notices
The General Requirements for Notices Given Under the Code
The Service of Notices Given Under the Code
Paragraph 20 Notices
The Relevant Person Under Paragraph 20

Chapter 4: The Identity of “the court”, and Applications to it to Acquire Code Rights
The Upper Tribunal is “the court”
Applications Under Paragraph 20 of the Code: Code Rights
Applications Under Paragraph 26 of the Code: Interim Code Rights
Applications Under Paragraph 27 of the Code: Temporary Code Rights
The Applicable Test
The Redevelopment Defence

Chapter 5: Terms of and Formalities for Code Agreements, and Enforcement
Mandatory Terms for Imposed Code Agreements
Discretionary Terms for Imposed Code Agreements
Formalities for All Code Agreements
Enforcement of Code Rights and Agreements

Chapter 6: Consideration and Valuation
The Policy Underpinning Consideration Under the Code
The Obligation to Pay Consideration
The Valuation Method
The Valuation of Rent for Telecoms Equipment Under Section 34 of the 1954 Act

Chapter 7: Compensation
The Power to Make an Order for Compensation
The Order for Compensation
The Timing of the Award
Limitation on Compensation
Heads of Compensation
Legal and Valuation Expenses
Diminution in Value
Other Claims for Compensation
Evidence for Compensation Claims

Chapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies
The Application of Part 5 of the Code
The Continuation of Code Rights
The Termination of Code Agreements to Which Part 5 of the Code Applies

Chapter 9: Variation of Code Agreements, and Interim Payments of Consideration
The Procedure for Varying the Terms of a Code Agreement
The Orders the Tribunal May Make
Interim Payments of Consideration

Chapter 10: Removal of Apparatus
The Procedure for Determining Whether Apparatus is on Land Pursuant to a Code Right
The Conditions Required for a Landowner to have the Right to Require Removal of Apparatus
The Circumstances in which a Landowner or Occupier of Neighbouring Land has the Right to Require Removal of Apparatus
The Procedure for Removal of Apparatus by the Landowner or Occupier
Third Party Rights to Remove Apparatus
A Separate Application for the Restoration of Land
Orders on Applications under Paragraphs 40 to 43 of the Code

Chapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights
Third Parties who can be Bound by Code Rights
The Land Registration Act 2002
The Assignment of Code Rights

Chapter 12: The Transitional Provisions
Subsisting Agreements
The Parts of Each the Old Code and Code that Apply to Subsisting Agreements

Chapter 13: ADR, Procedures and Practicalities