The following Property Disputes practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court order, anti-avoidance provisions as to assigning, sharing and upgrading, and how consideration and any compensation is determined. For information in respect of how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices, see Practice Note: New Electronic Communications Code—terminating and modifying Code rights.
The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Pt 1 of the Communications Act 2003 (CA 2003), inserted by section 4 and Schedule 1 of the Digital Economy Act 2017 (DEA 2017). The new Code replaces the previous Electronic Communications Code, set out in Schedule 2 of the Telecommunications Act 1984 (TA 1984) as amended by the CA 2003 (the ‘previous Code’).
While the provisions of the new Code are not retrospective, in practice, the contents of the transitional provisions will mean that a number of the provisions in the new Code will apply to any subsisting agreements (ie any agreement for the purposes of paragraph 2 or 3 of the previous Code or an order made pursuant to paragraph 5 of the previous Code which is continuing when the new
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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