Originally published in TEDR Volume 11 Issue 1 (publication date not recorded).
[2005] EWHC 920 (TCC) TEDR Volume 11 Issue 1
The Claimants in this case sought an order for removal of the Defendant mobile phone company’s mast which, at the time the claim was started, was situated next door to the Claimants’ home.
The Claimants claimed that the mast, by its emissions, had caused harm to their family and dog, and as such were entitled to have it removed. Under the Telecommunications Act 1984, anyone who occupies or has an interest in land can object to the installation of a mast if it materially affects the enjoyment of their land.
By the time of the trial, however, the Claimants had sold their house and no longer had an interest in it.
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