Jones & Ors v T Mobile (UK) Ltd

Jones & Ors v T Mobile (UK) Ltd

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 of the apparatus, regardless of when or whether a notice is affixed under paragraph 18. The requirement to affix a notice is a separate obligation and does not affect the commencement of the objection period.

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 on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Time Limits for Objections, Planning Permission, Appeal Procedure
Telecommunications Law Civil Procedure Statutory Interpretation Time Limits for Objections Planning Permission Appeal Procedure

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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 on Preliminary Issue

Legal Issues

  1. 1 When does time begin to run for serving notice of objection under paragraph 17(2) of Schedule 2 to the Telecommunications Act 1984?
  2. 2 Does the requirement to affix a notice under paragraph 18 affect the commencement of the objection period?
  3. 3 What constitutes completion of installation for the purposes of 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 of the apparatus, regardless of when or whether a notice is affixed under paragraph 18. The requirement to affix a notice is a separate obligation and does not affect the commencement of the objection period.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the preliminary issue is answered in the negative.
  • Appellants do not recover their costs in the Court of Appeal.