Telecoms

Our real estate telecoms team is one of the few specialist teams in the UK acting solely for landowners.  This enables us to provide robust commercial advice to our clients without conflict.

We advise on the installation and removal of electronic communications equipment from sites including:

Installation:

  • Wayleaves
  • Rooftop leases
  • Greenfield sites
  • Implications of Code Agreements

Removal:

  • Strategy for removal
  • Serving of Code Notices
  • Acting in proceedings for the removal of equipment
  • Negotiating settlements
  • Obtaining possession and removal

The team works with both residential and commercial developers as well as investor clients, occupiers and other landowners.  It is well respected in the industry and has in-depth experience of working with most of the specialist telecoms surveyors.

Recent highlights for the team include acting in Crest Nicholson v Arqiva (2015) on the validity of paragraph 21 Code notices.

Real estate litigation partner Thekla Fellas, who heads the telecoms team, is one of the leading lawyers in this specialist area.   She regularly lectures and writes on this topic and is the author of the telecommunications chapter in the book “Business Premises: Possession and Lease Renewal”.

Thekla is involved in the consultations for the new Telecommunications Code, co-ordinating discussion groups for clients and specialist professionals and making representations to the Department for Culture, Media & Sport.

Thekla Fellas

Thekla Fellas

If you have any questions or queries please call Thekla on +44 (0)20 3036 7252 or email tfellas@fladgate.com

Advises clients on a range of complex disputes.  Thekla Fellas is described as a “very impressive” practitioner by a source. She has notable expertise in property disputes in the telecommunications sector and also advises on a range of development-related disputes.

Chambers UK 2017

Telecoms team

 

Tenants’ top tips on telecommunications

Madeleine Holding

Digitalising signatures – a new dawn for conveyancing and HM Land Registry

Another historic moment for the new Telecoms Code

Thekla Fellas

A historic moment for the new Telecoms Code

Thekla Fellas

Fladgate advises on sale of Wembley Point site in Brent

Gideon Dabby-Joory, Roland Brandman, Thekla Fellas

The New Telecommunications Code: are you equipped?

The New Telecoms Code: are you equipped?

New telecoms code could impact affordable housing

Hidden consequences of the new Electronic Communications Code

The Telecoms Code – Last chance to have your say

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Hidden consequences of the new Electronic Communications Code

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As discussed in recent weeks, the new Electronic Communications Code raises concerns for landowners contemplating demolition and redevelopment projects. But there are other, more hidden problems. Housing minister Gavin Barwell has unveiled new measures last month to speed up housebuilding in his Neighbourhood Development Bill. In his first speech as minister, he outlined the government’s […]

The Telecoms Code – Last chance to have your say

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The Telecoms Code is currently in the Public Bill Committee stage in Parliament.  This allows an opportunity for interested parties to submit written evidence to the Committee. The deadline for receiving submissions is 1 November 2016 (extended from the original deadline of 27 October 2016). The link to the relevant site is below, where you […]

Sending out the wrong signals

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Developers at risk For developers, telecoms has been one of those topics which everyone would prefer to avoid or pass over to a colleague.   It is an issue that comes fairly low down on everyone’s lists. However, there is a real risk for developers if they fail to give any attention to the proposed New […]

Interpreting the Electronic Communications Code

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April last year witnessed a very rare event in the world of the Electronic Communications Code (Code): a court decision on the interpretation of a part of the Code.  Thekla Fellas, our head of real estate litigation, acted on behalf of Chris Nicholson (Operations) Limited seeking the removal of Arqiva’s telecommunications apparatus from its residential […]

Communication breakdown

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Thekla Fellas and Wayne Clark review a case that exposed flaws in the Electronic Communications Code and examine the proposed new code It is agreed by both practitioners and judges who deal with the Electronic Communications Code (the code) that it is unclear and provides little or no certainty for landlords or operators. There is […]

Electronic Communications Code latest

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The Electronic Communications Code (Code) was first enacted in 1984 to regulate the provision of landline telephones. Since then technology has advanced beyond recognition and the Code is no longer fit for purpose. After sustained criticism of the workings of the Code, in September 2011 the Government asked the Law Commission to carry out a […]

Telecoms and the 1984 Code: changing times

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Telecoms apparatus continues to give rise to contentious issues between site providers and operators. With the increase in the personal use of digital media on smartphones and tablets, the need for sites will increase. Add to that the Government’s policy to improve the mobile phone coverage across the UK and its policy to provide high […]

The Electronic Communications Code

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The Electronic Communications Code (or “Telecoms Code” as it used to be known) is in need of reform. The Code was introduced in 1984 as a result of the privatisation of BT. It now applies to all forms of electronic communications, such as fibre optic cabling and broadband as well as mobile phone masts and […]

One impressed interviewee praises the firm for its “superb availability and responsiveness and total dedication to the case above and beyond the call of duty.”   Another source notes: “They think beyond the immediate issues and care about the impact of litigation for the client.”  Thekla Fellas is a “pragmatic, commercially minded and technically competent” lawyer with a strong practice in telecommunications-related property disputes.

Chambers UK

Advises clients on a range of complex disputes. Offers notable expertise in the hotel and leisure, telecoms and high-value residential property sectors.

“Fladgate has the balance right – they communicate amongst each other and they aren’t drowning in their own importance!”

 

Chambers UK

Represented Crest Nicholson Operations in a case concerning the removal of telecoms equipment from the old Cambridge City football ground.

Thekla Fellas is described as a “very impressive” practitioner by a source. She has notable expertise in property disputes in the telecommunications sector and also advises on a range of development-related disputes.

Chambers UK

Thekla Fellas leads the ‘excellent’ team at Fladgate LLP, which has particular expertise in telecoms disputes acting against operators. Clients include Soho Estates and St James Group (Berkeley Homes).

Legal 500

Known for its expertise in the telecoms sector but also handles significant work in the leisure industry. Frequently advises on vacant possession strategy and on matters relating to complex commercial and residential developments.  “They work hard but have a wonderful culture; they are human and fun to work with. They have a high level of technical knowledge and a tactical approach.”

Chambers UK

Thekla Fellas is a well-known name in telecoms-related real estate litigation. Sources say she is “friendly, active and well respected”.

“Very effective property litigation firm” Fladgate LLP has expertise in the leisure, telecoms, site development and high-value residential sectors. Thekla Fellas leads the team.

Legal 500

Acts on both commercial and residential property matters for clients including investors and developers. Particular strength in telecoms issues, residential development work and property management. Thekla Fellas is the head of the real estate disputes team, and an active and well-respected figure in the field. She has a niche expertise in property disputes involving telecoms issues. Sources regard her as someone who “handles herself very effectively”.

Chambers UK

  • Crest Nicholson – acting in Crest v Arqiva [2015] regarding the validity of paragraph 21 Code notices.  Successfully removing Arqiva and obtaining vacant possession before the end of the contractual lease and receiving a contribution towards Crest’s costs.
  • Residential developer – advising on the removal of telecoms equipment from the roof of premises to allow a £300m development of a wider site.

 

  • Developer client – securing the removal of telecoms operators from a residential development with budget and within timescales in respect of the development of a college site.
  • Investor client – securing the removal of telecoms operators from a rooftop site to allow the addition of further floors to the building.
  • Owner/occupier – putting together a strategy for the removal of operators from a large West London site to allow the site to be sold for residential development.
  • Owner – securing the removal of two telecoms operators from a mixed use block in London and their relocation back onto the building following redevelopment.
  • Major transport company – acting on its national portfolio for the management and removal of telecoms operators.
  • X-Leisure – acting in respect of telecoms for its leisure schemes.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.