This Practice Note sets out the main provisions of the Electronic Communications Code (the ‘Code’), introduced by the Digital Economy Act 2017 (DEA 2017). It explains the extent of the Code rights, how they arise (by agreement between the parties or imposed by court order) provisions as to assigning, sharing and upgrading, and how consideration and compensation is determined in Scotland. The Code The Code is governed by, and set out in sections 106–119 and Schedule 3A, Part 1 of the Communications Act 2003 (CA 2003), as inserted by DEA 2017, s 4(2) and Sch 1. The Code (which was brought into force on 28 December 2017) and replaces the previous version of the Electronic Communications Code, as contained in Schedule 2 to the Telecommunications Act 1984 (TA 1984) as amended by CA 2003 (the ‘previous Code’). The Code provides telecommunication operators with statutory rights to facilitate the creation and operation of their networks and aims to support the roll-out of digital technology such as 4G and superfast broadband

Property Disputes analysis: This is the first case in which the tribunal has considered the rent for Code rights over a greenfield site since 2022 in the Affinity Water case. The case also considers the redevelopment arguments raised by AP Wireless and provides guidance on the availability of a break option in the site agreement. The tribunal confirmed there must be a balance between the right for site providers to redevelop and operators having security and certainty. Written by Katie Briggs, senior associate solicitor in Property Litigation at Browne Jacobson LLP.

this was created in May 2005 to address the lack of standards and guidelines in the American electronic discovery market. The reference model is said to provide 'a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services'. The model was placed in the public domain in May 2006. Although based on the American system of discovery it provides useful guidance for handling electronically stored information. Also referred to as EDRM

This Practice Note answers frequently asked questions in relation to the Electronic Documents Questionnaire (EDQ) (or E-documents questionnaire). This Practice Note should be read in conjunction with Practice Note: Electronic disclosure—Electronic Documents Questionnaire (EDQ). Note: This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts. In most of such cases, electronic disclosure will be required to be given but special rules apply to how it is treated and searched for. For guidance on electronic disclosure in such cases, see: Disclosure Scheme (Business & Property Courts)—overview. When should I first look at the Electronic Documents Questionnaire (EDQ)? In a non-disclosure scheme case, look at the EDQ as soon as you are instructed. It is a helpful document as: • it doubles as a checklist of the matters you will need to consider for disclosure as the case progresses • it can be used to guide initial discussions with your client and could be used at an early planning meeting • once in communication with your opponent,

Documents such as bills of lading, bills of exchange and promissory notes (see: Bills of exchange and promissory notes—overview) are widely used in trade finance transactions. The Electronic Trade Documents Act 2023 (ETDA 2023) changes how these documents can be used, when in electronic form and held in a reliable system. As technology develops across jurisdictions and the desire to take advantage of the benefits of using electronic trade documents increases, it will be important for lawyers working on trade finance transactions to understand the effect of the ETDA 2023. It will be particularly important for lawyers to consider what is meant by a ‘reliable system’ and to be able to advise on their client’s relationship with external system providers to ensure that their electronic trade documents meet the requirements of the ETDA 2023 and therefore can take advantage of the benefits that the ETDA 2023 brings. Background to the legislation Following a consultation on electronic trade documents by the Law Commission in 2021, the

Commercial analysis: On 20 July 2023 the long-awaited Electronic Trade Documents Act 2023 (ETDA 2023) received Royal Assent, and will come into effect in the UK on 20 September 2023. Written by Charles Thain, partner at Mayer Brown.

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: the court has confirmed that the protocol for TCC E applications is no longer being used. Throughout this Practice Note, references to: • TCC are to the Technology and Construction Court • CLCC are to the Central London County Court • CLCC TCC are to the TCC at the CLCC • e-application are to electronic applications (ie applications by email) • Protocol are to the Protocol for TCC E-applications list Note: this Practice Note applies to claims proceeding in the TCC CLCC only. For general guidance on electronic working and electronic filing procedures and for specific guidance on the Rolls Building eWorking pilot scheme under CPR PD 51O, see Practice Notes: Electronic communication and filing of documents by email—CPR PD 5B and Electronic working and CE-File—when and where is CE-File applicable? respectively. Background to the introduction of electronic applications in the CLCC TCC The CLCC TCC began operating a pilot scheme to see whether to introduce an e-application

Effective preparation of bundles is an essential element of a smooth, orderly hearing and something which practitioners should keep in clear focus as part of their overall preparations for any hearing. This Practice Note is a guide to the preparation and use of electronic bundles (or e-bundles) in civil proceedings in England and Wales. It provides practical guidance on the interaction between digital case management and electronic bundles, the types of electronic bundle, judicial guidance on preparing electronic bundles, guidance in the Civil Procedure Rules (CPR) on preparing bundles, effective preparation and use of electronic bundles and the advantages and disadvantages in using electronic bundles. It also looks at widely applicable tools to consider when compiling evidence and other documentation electronically. For general guidance on preparing a bundle for: • trial—see Practice Note: Preparing trial bundles • an interim application—see Practice Note: Preparing for an application hearing—Application bundles • an appeal—see Practice Notes: Appeals to the County Court or the High Court—the

This Practice Note considers the Courts and Tribunals Judiciary: General guidance on electronic court bundles issued on 29 November 2021 (the general guidance), together with the Message from the President of the Family Division: Guidance on e-bundles issued on 21 December 2021 (the supplementary guidance) and the provisions of the Family Procedure Rules 2010 (FPR 2010), in particular FPR 2010, PD 27A before 2 March 2026, as to electronic bundles (also referred to as e-bundles). It also considers requirements in relation to bundles for appeals. FPR 2010, PD 27A was replaced in its entirety from 2 March 2026 with an amended version, see FPR 2010, PD 27A. The supplementary guidance dated 21 December 2021 was superseded by the President’s Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person dated 2 March 2026, and the general guidance dated 29 November 2021 no longer applies in the context of family proceedings. See News Analysis: New guidance for preparing court bundles for family proceedings. This Practice Note sets out the bundle requirements in

The CA 2006 provides for how documents or information can be validly sent or supplied to or by a company. A document or information may be sent to a company in hard copy form, in electronic form, or in any other form or manner agreed by the company (CA 2006, Sch 4).Documents or information to be sent or supplied by a company must be sent or supplied in hard copy form, in electronic form, by making it available on a website, or in any other form or manner agreed by the intended recipient (CA 2006, Sch 5). A document or information is sent or supplied in electronic form if it is sent or supplied by electronic means (eg by e-mail or fax), or by any other means while in an electronic form (eg sending a disk by post) (CA 2006, s 1168).

This Practice Note considers electronic working (e-working), electronic communications and electronic filing (e-filing) under CPR PD 5B. It deals with the scope of electronic communication and email filing, which communications and documents can be emailed to the court, and the technical specifications for sending emails and attachments to the court under CPR PD 5B. For more information on filing documents at court in general, see Practice Note: Filing documents at court in civil proceedings. Scope of electronic communication and email filing under CPR PD 5B CPR 5.5(1) provides that a practice direction may make provision for documents to be filed or sent to the court by the use of an electronic filing and case management system, or other electronic means. CPR PD 5B supplements CPR 5.5 and provides for parties in proceedings governed by the Civil Procedure Rules (CPR) to communicate with the court and file specified documents by email (CPR PD 5B, para 1.1). CPR PD 5C also supplements CPR 5.5 and sets out the procedure for the use of

According to Directive (EU) 2018/1972, electronic communications services are services provided for remuneration via electronic communications networks, such as content transmitted using electronic communications networks and services. It covers ‘internet access service’, interpersonal communications service and, services consisting in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting. The term, however, excludes services controlling editorial content.