The following TMT practice note Produced in partnership with Charles Russell Speechlys provides comprehensive and up to date legal information covering:
This Practice Note considers appeals against decisions made by the communications regulator in the UK, Ofcom. In this context, it takes account of relevant EU directives (as transposed into UK law), considers the establishment and functions of Ofcom and the ways in which Ofcom’s regulatory decisions may be challenged at the Competition Appeal Tribunal (CAT) (and subsequently the Court of Appeal), and/or the High Court.
The EU regulatory framework on electronic communications (the Framework) was established in 2002 with the aim of strengthening competition by facilitating market entry and stimulating investment in the electronic communications sector. See Practice Note: EU regulatory framework for electronic communications.
The Framework consists of a number of directives, the primary one being Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive). This is supported by Directive 2002/20/EC (the Authorisation Directive), Directive 2002/19/EC (the Access Directive), Directive 2002/22/EC (the Universal Services Directive) and Directive 2002/58/EC (the ePrivacy Directive). In 2009, these directives were amended by Directive 2009/140/EC (the Better Regulation Directive) and Directive 2009/136/EC (the Citizens’ Rights Directive). The Framework Directive was designed to deal with divergences between Member States and aimed to establish a harmonised framework for the regulation of electronic communications networks and services. Key aspects of the Framework Directive for the purposes of this Practice Note are:
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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
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
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