Petursson & Anor v Hutchison 3g UK Ltd.

Petursson & Anor v Hutchison 3g UK Ltd.

Claimants lacked standing to seek removal of apparatus after disposing of their interest in the property; even if standing existed, claimants failed to demonstrate, on balance of probabilities, that emissions from defendant's apparatus objectively appeared to materially prejudice their enjoyment of land.

Source-derived case information.

Parties
Claimant: Eirikur Mar Petursson; Claimant: Agnes Ingvarsdottir; Defendant: Hutchison 3G UK Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2005
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Electronic Telecommunications Code, Standing, Material Prejudice, Health Effects of Electromagnetic Fields
Telecommunications Property Tort Electronic Telecommunications Code Standing Material Prejudice Health Effects of Electromagnetic Fields

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Parties

Eirikur Mar Petursson

Claimant

Agnes Ingvarsdottir

Claimant

Hutchison 3G UK Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether claimants have standing to seek removal of telecommunications apparatus after disposing of property
  2. 2 Whether emissions from defendant's apparatus materially prejudiced claimants' enjoyment of land

Ratio Decidendi

Claimants lacked standing to seek removal of apparatus after disposing of their interest in the property; even if standing existed, claimants failed to demonstrate, on balance of probabilities, that emissions from defendant's apparatus objectively appeared to materially prejudice their enjoyment of land.

Court Disposition

Claim dismissed