The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal not the high court.
Judges:
Lord Justice Brooke Mr Justice Holman Lord Justice Kennedy
Citations:
[2003] EWCA Civ 1162, Times 10-Sep-2003, Gazette 16-Oct-2003
Links:
Statutes:
Telecommunications Act 1984, Access to Justice Act 1999 (Destination of Appeals) Order 2000
Jurisdiction:
England and Wales
Citing:
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Cited – Price v Price (Trading As Poppyland Headware) CA 26-Jun-2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure . .
Cited – Beck v Ministry of Defence CA 11-Jun-2003
The claimant in a personal injury action was examined for a medical report on behalf of the defendants. The defendants, being unhappy with the report sought a second examination, and were granted leave. The claimant now appealed that leave.
Cited – Dermot Gerard Richard Walsh v Andre Martin Misseldine CA 29-Feb-2000
The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no . .
Lists of cited by and citing cases may be incomplete.
Media, Planning
Updated: 07 June 2022; Ref: scu.185236