Telecommunications

Devereux has been involved in telecommunications law for many years, having maintained a strong connection with, amongst other major communications providers, BT plc. For example, a number of our barristers and/or their cases feature in BT’s Book on 25 years of telecommunications litigation. Members of Chambers practising in this area have an extensive overview of telecommunications law and a detailed technical understanding of the issues involved.

"Devereux is a highly respected chambers whose barristers handle a broad variety of telecommunications cases, including commercial as well as competition and regulatory law matters. Its members demonstrate notable expertise in disputes concerning the new Electronic Communications Code and frequently represent clients before the Upper Tribunal. This expertise extends to acting for clients from the real estate sector on issues arising as a result of the transition between the old and the new Electronic Communications Codes. Barristers at the set are also active in cases relating to Artificial Inflation of Traffic and its contractual consequences. The set's varied client base includes both UK-based and overseas mobile service providers, as well as infrastructure service companies."– Chambers UK Bar

This expertise has been called upon by a wide range of clients in the sector, including most of the Mobile Network Operators, other Fixed Network Operators, overseas telecoms companies, IT entities and landowners with telecoms apparatus on their sites. Because of the integrated nature of the sector, great care is always taken to prevent any possible potential conflicts of interest.

Chambers has over the years had extensive involvement in some of the leading telecommunications cases, for example Mercury Communications v Director General of Telecommunications (regulatory powers), BT v Northumbria Water (wayleaves), Toneylogo v BT (AIT) , the Termination Rates Determination (Dispute Resolution), Private Partial Circuits cost orientation (breach of SMP obligations) and 080 numbers charging (interface of regulatory and private law rights), involving hearings in the High Court, the Competition Appeal Tribunal and the Court of Appeal.

Our work includes acting for BT plc and other telecoms companies not only in Court-based litigation and arbitrations, but also contract drafting, advisory work and acting as Neutral Evaluators in telecommunications disputes. For example, members of Chambers have experience in:

• Telecommunications contract disputes
• Regulatory issues and competition law, including SMP and other conditions and Ofcom’s Dispute resolution powers.
• Mobile telephone network communications
• Technical communications issues including multimedia and computer-related problems
• Tariff charging cases
• Interconnection agreements
• Artificial Inflation of Traffic (AIT)
• Dial through fraud
• The Proceeds of Crime Act in the telecommunications context
• Wayleave disputes relating to telecommunications equipment and the Electronic Communications Code
• New Street Works Code and Traffic Management Act issues
• Overseas regulatory appeals

Devereux also has extensive involvement in other types of information technology cases.  Members of Chambers have acted in a wide range of computer related disputes.  These range from IT roll out cases to complex system disputes featuring a wide range of LAN and WAN systems and includes litigation over major government projects such as the MOD mail box project and the NHS “spine” contract.  Various members are also experienced in IP issues in software disputes.