Your flexible friend? Interim code rights (University of London v Cornerstone)
This article considers a further decision on the Electronic Communications Code, in Schedule 3A to the Communications Act 2003. In University of London v Cornerstone Telecommunications Infrastructure Ltd, the Court of Appeal considered whether there was a right to survey to determine whether a prospective site was suitable for installation of electronic communications apparatus, and whether a right could be sought on an interim basis without additional rights being sought as well. The Court of Appeal held that a right to survey was embraced within the right under paragraph 3(d) of the Code, and that there was no need for rights to be sought on a final basis. Written by Oliver Radley-Gardner, who acted as junior counsel for the respondent.
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