Telecoms advice for landowners

Our Telecoms team acts exclusively for landowners against operators and has advised on telecoms issues for over 20 years. Our clients include retailers, social housing providers, property developers, communications businesses and commercial landlords.

The team is progressive and proactive, carrying out a variety of complex and often cutting edge work. Our reputation is for providing bullish and commercial advice and we have the necessary expertise to stand up to the operators to achieve a better outcome for our clients.

Our expertise in advising landowners

We are experienced in:

• Advising on the implications of the Electronic Communications Code and advising on tactics generally in dealing with operators
• Acting in the Tribunal in respect of Code rights
• Negotiating the terms of code agreements of new and existing sites
• Advising on the ability of operators to upgrade existing equipment
• Removing telecoms masts, serving the appropriate notices and obtaining vacant possession
• Exercising “lift and shifts” to force operators to re-locate temporarily
• Advising on approaches made by operators for multi-skilled visits
• Mast planning appeals
• Trespass and dilapidations claims
• Wayleaves and other easements for the installation of fibre optic cabling/broadband
• Data protection, voice links, data security issues and GDPR
• The commercial and contractual side of information technology including drafting commercial IT agreements, licensing and joint ventures

Examples of our recent work

• Acting for landowners in successfully removing several code protected operators from a prime Central London site which enabled a proposed development to proceed.
• Successfully negotiating and agreeing terms for a new greenfield site within 14 days of instruction, avoiding the substantial costs of a tribunal hearing.
• Acting for the landowner in some of the leading cases including:
  • CTIL -v- L&Q [2020] – one of the leading and widely reported cases which established a value of circa £5,000pa for rooftop sites.
  • EE Limited and H3G Limited -v- L&Q [2019]
  • CTIL -v- TGP and Sheffield City Council [2018]
• Acting in one of the few reported cases under the old code PG Lewins Limited -v- H3G and EE Ltd (2018).  This concerned a unique and untested point of law. We successfully argued on behalf of our landowner client that the Code is no defence to a claim for breach of contract.

Why choose Clarke Willmott for telecoms law

Proven track record in telecoms

We are one of the few law firms who act solely for landowners. We have been acting for landowners on telecoms issues for over 20 years and act against all the major operators. Our team has an unrivalled knowledge of telecoms law and we have a proven track record in achieving positive outcomes for our clients.

Cutting edge advice

We took an active role in the government’s consultation regarding the new Electronic Communications Code which came into force in December 2017, and are continuously at the forefront of developments in this area.

Experienced at working with specialist telecoms agencies

The team regularly work with specialist telecoms agents and advise a number of organisations representing landowners. We have produced new Code compliant Heads of Terms for use by some of those agents in addition to precedent Code agreements and wayleaves.

Pragmatic and commercial advice at value-for-money prices

We understand how our advice pans out in the real world and our solicitors will always take a commercial approach to your matter, recommending the best course of action wherever appropriate. Fee transparency is important to us and we will provide you with a quote upfront so you know how much the work will cost and we will keep you informed throughout.

What they say about us

“They bring real practical experience of this specialist area to a very wide range of clients across the whole country.” The Legal 500 2021

“Professionalism, attention to detail and an ability to present solutions when faced with challenges.” The Legal 500 2021

“Kary Withers is very experienced and absolutely unflappable. She has a very broad experience of property litigation that she deploys really well.” The Legal 500 2021

“Aimee Davies, like Kary, is a true telecoms specialist, and she’s really tough with it. Telecoms work often calls for tough negotiation skills, particularly in the new climate following the new Code. Aimee always seems to know how to get things done, and which fights to pick. She has amazing technical knowledge.” The Legal 500 2021

“Clarke Willmott LLP has an excellent reputation acting for landowners in disputes with telecoms operators; practice head Kary Withers has a first-rate reputation in this space. In addition, having played a significant role in the government’s consultation on the new Electronics Communications Code (which came into force in 2017), the firm has handled litigation connected with the new legislation. Also notable is that the group works closely with the commercial practice to assist IT clients with contractual matters.” The Legal 500 2020

Contact a telecoms solicitor

If you would like to find out more about our Telecoms team can support your organisation, please contact the head of our telecoms team Kary Withers directly, call us on 0800 652 8205 or get in touch online.