- Telecommunications—agreements to site equipment on land; tribunal’s power to require parties to enter into new agreement (EE Ltd and another v Duncan)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: A Scottish appeal court allowed an appeal from the Lands Tribunal (the Tribunal) as to the proper approach to be taken to paragraph 33(14) of the Electronic Communications Code (ECC) set out in Schedule 3A to the Communications Act 2003 (CA 2003), as amended by the Digital Economy Act 2017 (DEA 2017). The Tribunal had erred in law in requiring telecommunications operators to surpass a ‘high threshold test’ in order to obtain a new agreement with a landowner; Parliament had not intended the threshold test to be a high one; and there was no legislative reason to justify the same. Written by Christopher Snell, barrister at New Square Chambers.
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