Aimee Davies

Aimee regularly acts for landowners of commercial, residential and agricultural premises against the main telecoms operators, with experience in advising on the Electronic Communications Code and requiring removals and/or alterations of telecoms equipment.

Aimee is a senior associate in our first-tier Property Litigation team advising on a wide range of contentious commercial and residential property matters including telecommunications, landlord and tenant issues such as 1954 Act lease renewals, dilapidations, break notices and service charge disputes, development disputes, easements, rights of way, and boundary disputes.

Aimee regularly acts for landowners of commercial, residential and agricultural premises against the main telecoms operators. In particular, Aimee is experienced in advising on the Electronic Communications Code (ECC), its interaction with the Old Telecommunications Code and Landlord and Tenant Act 1954, and requiring removals and/or alteration of telecommunications equipment. Aimee also advises landowners in relation to dealing with equipment upgrade requests, site sharing issues, temporary relocation of equipment for maintenance and repair, and telecommunications lease renewals.

Aimee studied Law and International Study at the University of Exeter and Carleton University, Canada and completed the Legal practice Course at Cardiff University. Aimee joined Clarke Willmott in 2015, having trained at Ashfords LLP in Exeter.

Aimee is a member of the Law Society and the Property Litigation Association.

Experience

• Acting for the landowner in the leading telecoms cases of CTIL v L&Q (2020) (interim and permanent rights); CTIL v The Guinness Partnership (2019) (renewal of existing agreement); and PG Lewins v H3G and EE Ltd (2018) successfully arguing that the Code is not a complete defence to a damages claim for breach of contract under a “lift and shift” clause.
• Assisting in the leading case of EMI Group Ltd v O&H Q1 Ltd [2016] relating to the operation of the Landlord and Tenant (Covenants) Act 1995 and determining that a tenant cannot validly assign its lease to its existing guarantor.
• Acting for a large management company in a claim against a national housebuilder regarding defects and fire safety issues.
• Advising a leading national retailer regarding the installation of telecommunications equipment at a proposed development site and negotiating the terms of a 2-stage lift and shift to facilitate the redevelopment of a large supermarket. This included tactically commencing and settling proceedings under both the ECC and the 1954 Act.
• Advising a developer and negotiating the complex removal of three separate major telecoms operators from a mixed-use redevelopment site in Nottingham.
• Assisting major RPs in dealing with access requests, requests for upgrading and sharing, and dilapidations claims against telecoms operators who have removed their equipment but left the premises in disrepair.
• Securing the removal of a major operator’s telecommunications apparatus from a high-profile Central London redevelopment site.
• Advising a national food manufacturer regarding a complex boundary issue.
• Advising a major RP in relation to obtaining vacant possession of a large commercial site under the 1954 Act for the purposes of redevelopment.
• Advising a large landowner in respect of its portfolio of telecoms apparatus including dealing with restrictive covenant and rights of way issues.
• Acting for a local authority in a complex multi-party rent review.
• Advising a large central London landlord in relation to commercial rent recovery throughout the COVID-19 pandemic.
• Acting for a national housebuilder in relation to the removal of national grid pylons from a proposed development site.
• Advising major RP’s on dealing with wayleave requests, including in relation to the Telecommunications Infrastructure (Leasehold Property) Act 2021.