Philip Myers

Philip has built up impressive expertise in telecoms related litigation, acting for mobile network operators and wholesale infrastructure providers concerning the citing and removal of electronic communications apparatus, particularly in the context of land development.

Recent Work

• Acting for and advising a national telecommunications company in its application to Ofcom for a direction under s.106 Communications Act 2003 (to register with Code powers).
• Advising a national telecommunications company in relation to a fibre-optic trial including the installation of subterranean and above-ground electronic communications apparatus.
• Representing a telecommunications operator in relation to a dispute with a well-known landowner concerning a claim for overpaid rent and a rent review.
• Assisting a statutory undertaker on telecommunications issues arising from the Victoria Station upgrade, including pursuing notices under s.23 of the Code.
• Regularly advises landowners (including Universities, National Developers, Supermarkets, NHS bodies) on telecommunications issues, usually in relation to proposed developments.
• Writes and delivers workshops and training sessions relating to the Electronic Communications Code and the Digital Economy Act 2017 (inc. Schedule 3A to the Communications Act 2003).

Recent Work

• Seconded to NHS Property Solutions Limited on a part-time basis as an in-house solicitor, advising on a variety of legal issues concerning its portfolio of over 3,500 buildings.
• Acting for a football club in a dispute with a third party lender concerning the validity of a legal charge over the club’s ground and ancillary defamation proceedings.
• Instructed by a developer of student accommodation regarding the viability of removing a number of electronic communications masts affecting future development proposals.
• Acting for a national logistics company regarding protester action affecting its regional depots, including providing guidance to its managers regarding the collation and preservation of evidence.
• Providing strategic advice to a Local Authority regarding the multi-million pound regeneration of a city centre market area, incorporating issues concerning Landlord & Tenant Act 1954 opposition to security of tenure.

Philip has been involved in a range of both private and public sector work for the healthcare sector. He is also seconded to NHS Property Services Limited, undertaking a wide range of legal work.

Cases

• Managing lease renewals (both opposed and unopposed) for the property portfolio held by an NHS Foundation Trust. This included the preparation of statutory notices, drafting and filing of court proceedings, rent review issues and interim rent applications.
• Advising a client on property let on a long lease to a government department including over easements.
• Advising an NHS Trust on a substantial dilapidations claim, resulting in a successful pre-action settlement.
• Representing a Teaching Hospital NHS Trust in connection with a claim against a contractor following water ingress into newly refurbished property.
• Creating guidance and strategy documents to assist property managers in dealing with situations such as dilapidation claims and pursuing rent arrears.
• Assisting the procurement team with a project concerning the termination of several supplier contracts.
• Applying for adverse possession of a strategically important piece of land, necessary as part of a multi-site disposal.
• Successfully challenging the validity of a hostile section 25 notice and negotiating the surrender of the lease on favorable terms to NHS Property Services.
• Advising upon a strategy for the removal of underground and roof-mounted telecommunications equipment at a hospital site, involving procedures under the Electronic Communications Code.