ABSTRACT
Both the Old Code and the New Code provide for disputes arising under the codes to be determined by 'the court'. Under the New Code, although extensive reference is made to 'the court', the term is defined in a way that will allow the tribunals, with their relevant expertise and experience, to determine disputes. This chapter compares and contrasts the two jurisdictions, and considers the practice in the Lands Chamber of the Upper Tribunal. It considers the procedure for the resolution of code disputes in the Tribunals. The chapter looks at the procedures in the 2003 Act governing disputes that may be referred to Office of Communications (OFCOM) for resolution. It considers the disputes which might arise in connection with the use of telecommunications apparatus which do not trigger dispute resolution procedures under either code, but fall to be dealt with as part of the general law.
