‘Local authorities must be given more powers to shut down unregulated shisha cafes as loopholes in Government legislation allow venues to reopen “virtually overnight”, Brent Council has said.’
Local Government Lawyer, 22nd February 2017
Source: www.localgovernmentlawyer.co.uk
‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’
Nearly Legal, 4th January 2017
Source: www.nearlylegal.co.uk
‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’
Doughty Street Chambers, 21st November 2016
Source: www.doughtystreet.co.uk
‘Tunbridge Wells Borough Council has defeated a claim for misfeasance in public office brought in the High Court by the owners of a local joinery business.’
Local Government Lawyer, 17th November 2016
Source: www.localgovernmentlawyer.co.uk
‘This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Bailii yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence was raised (alongside an Article 8 defence). Mr Stephenson had been responsible for noise nuisance from his (uncarpeted) flat. He suffers from paranoid schizophrenia, the symptoms of which are alleviated but not completely cured by medication.’
Nearly Legal, 1st November 2016
Source: www.nearlylegal.co.uk
‘Judgment has been handed down by the High Court in the matter of Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch), a case which raised in an acute form the conflict between a landlord’s right to build and a tenant’s right to quiet enjoyment.’
Henderson Chambers, 1st July 2016
Source: www.hendersonchambers.co.uk
‘A farm owner who won £1 million from Stansted because planes flying over his £2 million home slashed its value in half is still waiting for the pay-out 17 years later.’
Daily Telegraph, 10th May 2016
Source: www.telegraph.co.uk
‘A renowned viola player is suing the Royal Opera House for ruining his hearing and his career during rehearsals of Wagner’s Die Walkure.’
BBC News, 1st April 2016
Source: www.bbc.co.uk
‘A wealthy couple who said “shattering” helicopter noise stymied their hopes of selling their £4m home to Strictly Come Dancing presenter Tess Daly have scored a landmark High Court victory.’
Daily Telegraph, 17th March 2016
Source: www.telegraph.co.uk
‘A couple have lost a costly legal battle with their neighbour over claims his garden pond is too noisy. ‘
Daily Telegraph, 17 February 2016
Source: www.telegraph.co.uk
‘The Civil Justice Council has set up a working group, to be chaired by Andrew Parker of DAC Beachcroft, to advise the present government as to the handling of noise induced hearing loss claims. Membership of the working group will represent solicitors, claims managers, insurers, the Ministry of Justice and the judiciary.’
Full story
Zenith PI Blog, 28th September 2015
Source: www.zenithpi.wordpress.com
‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’
Litigation Futures, 28th September 2015
Source: www.litigationfutures.com
‘When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties?’
Nearly Legal, 9th September 2015
Source: www.nearlylegal.co.uk
‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’
Daily Telegraph, 3rd September 2015
Source: www.telegraph.co.uk
‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
Full story
Litigation Futures, 29th July 2015
Source: www.litigationfutures.com
‘A woman who breached a court order barring her from causing nuisance by making loud sex noises has been sent to jail.’
The Guardian, 1st June 2015
Source: www.guardian.co.uk
Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125
‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’
Litigation Futures, 16th March 2015
Source: www.litigationfutures.com
The High Court has ruled that noise-induced hearing loss (NIHL) should be treated as a disease rather than an injury for the purpose of claims – and therefore be subject to higher success fees.
Law Society’s Gazette, 17th March 2015
Source: www.lawgazette.co.uk
© Inner Temple Library 2017