Devereux Chambers involved in one of the first decisions under the new Electronic Communications Code

Over the last two years Devereux Chambers’ telecoms team, which includes Graham Read Q.C., Shaen Catherwood, Georgina Hirsch and Rory Cochrane, have been heavily involved in advising on the new Code which finally came into force on 28 December 2017.  Since then they have settled proceedings and been involved in many of the new Code cases brought in the Upper Tribunal (Lands Chamber), the designated initial forum for new Code cases.

On Friday 19 October, the Upper Tribunal handed down judgment in one of the first decisions on the new Code.  Graham Read successfully obtained interim code rights for EE and H3G under paragraph 26 of the new Code over a rooftop site owned by the London Borough of Islington. EE&H3G v LB Islington (TCR/68/2018) is an important decision by the Tribunal on how interim code rights should be assessed. Graham Read’s submissions on the intention behind the new Code formed a core part of the judgment. 

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