Jones & Ors v T Mobile (UK) Ltd [2003] EWCA Civ 1162 (31 July 2003)

Jones & Ors v T Mobile (UK) Ltd [2003] EWCA Civ 1162 (31 July 2003)

The three-month period for serving notice of objection under paragraph 17(2) of Schedule 2 to the Telecommunications Act 1984 begins with the physical completion of installation, regardless of whether the paragraph 18 notice has been affixed or is reasonably legible. Compliance with paragraph 18 is not a precondition to the running of time under paragraph 17(2).

Citation
[2003] EWCA Civ 1162
Parties
Claimants/respondents: Sarah Lloyd Jones & Others; Defendants/appellants: T Mobile (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Time Limits for Objections, Procedural Irregularity, Appeal Jurisdiction
Telecommunications Law Civil Procedure Statutory Interpretation Time Limits for Objections Procedural Irregularity Appeal Jurisdiction

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Parties

Sarah Lloyd Jones & Others

Claimants/respondents

T Mobile (UK) Ltd

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 When does the three-month period for serving notice of objection under paragraph 17(2) of Schedule 2 to the Telecommunications Act 1984 begin to run?
  2. 2 Is compliance with the notice requirements of paragraph 18 a precondition to the running of time under paragraph 17(2)?
  3. 3 What constitutes 'completion of installation' under the Act?

Ratio Decidendi

The three-month period for serving notice of objection under paragraph 17(2) of Schedule 2 to the Telecommunications Act 1984 begins with the physical completion of installation, regardless of whether the paragraph 18 notice has been affixed or is reasonably legible. Compliance with paragraph 18 is not a precondition to the running of time under paragraph 17(2).

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the preliminary issue is answered in the negative.
  • The appellants do not recover their costs in the Court of Appeal but are entitled to recover their costs below and the remainder of the costs of the action subject to detailed assessment.