combined national class action to compensate for the effects on land and property of masts

a UK class action on land affected by telecommunications masts

mastVOICEuk supporters:


 

 

 

Frequently asked questions

What is Code 16?
Code 16 is set out in the Electronic Communication Code as a means of those that own or occupy land that is affected by a telecoms installation over 3 metres above ground level to apply to the Lands Tribunal for compensation.
What is Injurious Affection?
Injurious affection means the effect caused to neighbouring land from a public project. This relates to the effects caused by the projects construction and not from its subsequent use. Therefore the presence of a telecoms installation close to your home may devalue your home, that is injurious affection, but the fact that you become ill from the emissions from the installation is not.
What Process is Required?
This is an application to the Lands Tribunal which is very similar to a court but less formal. The application started by the submission of what is known as a Reference accompanied by the relevant fee. Submissions are then sought from the Code System Operator, and an inquiry held, at the end of which the decision is announced along with a statement of how much compensation if any should be paid.
How much will the process cost?
The present fee for the submission of the application is £ ..., beyond that it is difficult to give a precise statement of the potential costs, the normal process unlike the courts is that each party pays its own costs irrespective of the outcome, therefore the cost would only be that which you spend on your own legal presentation. However In exceptional, or complicated cases, then the normal court practice of the costs following the event could apply, in which case the losing party would pay all the legal expenses of the winning party.
What can the Tribunal do?
All that thy can do is to award compensation, they cannot order the installations removal, or restrict it in any way.
Phone Operators are private companies why are they classed as a public authority?
It must be seen to be an acceptance of the special nature of telecommunication installations and the adverse effects on other land owners that these installations cause, and it is for that reason why they have been awarded this special status. It should also be kept in mind that when this provision was first introduced that the monopoly on telecommunications was held by the Post Office (i.e. a public body).
If I join the campaign will I be liable for any costs?
No, if you are invited to join as an ordinary member (membership is by invited subscription only) you will become a shareholder limited by stock valued at £1. If you then go onto become a Claimant in any claim for compensation then of course you will be liable in law to the costs that apply to that type of application.
How do I become a member?
Membership is by invitation only, if you feel you want to be involved then contact Karen who will send you the relevant details.
Can our local group subscribe or endorse the campaign?
Yes membership will be open to groups as well as individuals, but even if you do not want to become a member then we welcome endorsements from local, regional and national organisations not simply from within the mast movement, but from any organisation that has concerns relating to the unchecked expanse of telecom installations.