Snoring is not ASB, not even in Lambeth – Nearly Legal
‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
