Lawbite: Operator left hanging after order for cable removal
August 18, 2026
Lawbite: Operator left hanging after order for cable removalAugust 18, 2026 Dr Nina Dobrovinskaya v British Telecommunications plc [2026] LTS 19 http://www.lands-tribunal-scotland.org.uk/decisions/LTS.ECC.2026.04 Scottish Electronic Communications Code judgments are not issued often but are worth a read by anyone interested in telecoms litigation, particularly involving Scottish land and property. The Lands Tribunal for Scotland has issued its third Code judgment of 2026, ordering the removal of telecommunications apparatus installed over a homeowner‘s property without her consent. The respondent, British Telecommunications plc, provided no evidence to justify retaining or altering the apparatus under the statutory test in paragraphs 78–79 of the Electronic Communications Code. The Tribunal found the statutory conditions satisfied and ordered removal within 12 weeks, awarding expenses to the applicant due to the respondent’s failure to engage with the proceedings The unauthorised installationAn Edinburgh homeowner has won an application under paragraph 79 of the Code to force an operator to remove a telecoms cable which had been installed over her property while she was abroad. Dr Dobrovinskaya returned home to find the wire stretching across her garden and garage, installed after engineers were let in by her teenage son. No advance notice had been given of the visit or the proposed works. The wire ran from a pole behind neighbouring properties, across adjoining land and then over her garden and garage. Its position prevented construction of a planned second storey extension. The homeowner sought an order for removal of the wire on the basis that it materially prejudiced her enjoyment of and interest in her property because she was not able to build the extension. Unopposed applicationThe Tribunal found that the apparatus materially prejudiced the applicant’s enjoyment of and interest in her property. The operator did not defend the application and in the absence of competing evidence on why retaining the apparatus was necessary, the Tribunal found that the statutory test for removal was met. The only information the Tribunal had before it from the operator was what it described as correspondence “advancing a general assertion of statutory entitlement…In particular, there is no evidence as to what alterations of the apparatus might be possible or as to the consequences of any such alteration.” The Tribunal was unwilling to assist the respondent by speculating on alternative configurations for the operator’s network or to construct the operator’s case for it, and granted the order for removal. The Tribunal also awarded expenses (costs) to the homeowner. Takeaways
Key contacts
Latest Insights
Latest News
Latest Events
legal updates October 08, 2026 CFTC issues staff advisory on “mention market” event contracts legal updates October 08, 2026 SEC proposes to modernize performance fee rules and expand accredited inves... legal updates October 08, 2026 The Commercial Payments Bill: Practical Implications for Commercial Contrac... guides and reports October 07, 2026 How AI is democratizing M&A for buyers and investors firm news October 07, 2026 Faster deals, deeper diligence: AI is transforming the legal landscape of M... client news October 06, 2026 Eversheds Sutherland Advises Infranity on Closing of $300 Million Holding C... client news October 06, 2026 Eversheds Sutherland Advises Ives Ultra AI Opportunities Inc. on $200 Milli... firm news October 05, 2026 Leading finance partner joins Eversheds Sutherland virtual Immigration UK – Right to work and compliance masterclass October 15, 2026 9.30am - 12.30pm (GMT) Virtual virtual German employment law training October 20, 2026 2pm - 5pm (GMT) Virtual virtual French employment law training November 03, 2026 2pm - 5pm (GMT) Virtual virtual Dutch employment law training November 10, 2026 2.00pm - 5.00pm (GMT) Virtual |