The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
The Electronic Communications Code (the Code) appears in Schedule 2 of the Telecommunications Act 1984. The Code provides that a right to require the removal of telecoms equipment (such as base stations or masts) cannot be enforced without going through Code procedures.
Paragraph 27(2) of the Code prevents parties from contracting out of the certain rights conferred by the Code, ie it provides that with the exception of certain provisions, the operation of the Code can be excluded or, more specifically, states:
'(2)The provisions of this code, except paragraphs 8(5) and 21 and sub-paragraph (1) above, shall be without prejudice to any rights or liabilities arising u
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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