High Court decision on rights under Electronic Communications Code
“On 19 March 2010, Lewison J delivered judgment in Bridgewater Canal Company Limited v GEO Networks Limited [2010] EWHC 548 (Ch). This case is about the operation of various provisions of the Electronic Communications Code, specifically those provisions relating to the rights of operators under the Code to cross canals, and other so-called “linear obstacles”. Jonathan Small QC and Oliver Radley-Gardner represented the successful Claimant. The Defendant intended to install a further fibre optic cable under the Bridgewater Canal in a pre-existing duct, and the question was whether it was required to pay to the Claimant owner of the canal for the right to do so. The case is of importance as the Code, which is of great practical significance for landowners and operators under the Code alike, has rarely been considered by the Courts. The judgment of Lewison J considers not just the “linear obstacle” provisions, but the scheme of the Code in general, and therefore provides useful guidance as to its operation in many other contexts. The case also considers the impact of the European Convention on Human Rights on the rights of operators under the Code to acquire rights to install apparatus on land belonging to another. "
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