Category: noise

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

Full Story

Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

Full Story

Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

Full Story

Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

Full Story

Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Judicial review of Heathrow airport third runway decision begins – The Guardian

Posted March 13th, 2019 in airports, climate change, environmental health, environmental protection, judicial review, local government, news, noise, planning by sally

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

Full Story

The Guardian, 11th March 2019

Source: www.theguardian.com

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

Full Story

Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

Children’s author faces £1m payout after ‘terrorising’ actor neighbour with ‘monstrously out of control’ garden – Daily Telegraph

Posted August 2nd, 2018 in compensation, harassment, injunctions, news, noise, nuisance by tracey

‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’

Full Story

Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Fixed costs only where pre-action protocol not followed – Zenith PI

Posted May 1st, 2018 in appeals, civil procedure rules, costs, industrial injuries, news, noise, personal injuries, pre-action conduct by tracey

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

Full Story

Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

Posted April 3rd, 2018 in damages, health, health & safety, human rights, industrial injuries, news, noise, personal injuries by sally

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

Full Story

UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by tracey

‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’

Full Story

BBC News, 28th March 2018

Source: www.bbc.co.uk

Noisy neighbours must pay banker £100,000 in compensation because their floors had no carpet, judge rules – Daily Telegraph

Posted March 7th, 2018 in compensation, contracts, injunctions, news, noise, nuisance by sally

‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’

Full Story

Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Stay silent during rape and attackers may assume consent, warns DPP – The Guardian

Posted January 23rd, 2018 in consent, Crown Prosecution Service, evidence, news, noise, prosecutions, rape by sally

‘Rape victims have been warned by the director of public prosecutions that if they stayed silent during the assault their attackers may have assumed consent was given and therefore could escape being charged.’

Full Story

The Guardian, 22nd January 2018

Source: www.theguardian.com

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers

Posted October 20th, 2017 in limitations, news, noise, personal injuries by sally

‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’

Full Story

Zenith Chambers, 13th October 2017

Source: www.zenithchambers.co.uk

Famous London studio wins two years battle over the sound of silence – Daily Telegraph

Posted October 13th, 2017 in news, noise, planning by tracey

‘A world-famous recording studio where leading symphony orchestras, Sir Paul McCartney, U2 and Liam Gallagher have performed has won a legal battle to stop a neighbour digging a vast “iceberg” basement.’

Full Story

Daily Telegraph, 12th October 2017

Source: www.telegraph.co.uk

Civil Justice Council sets out streamlined procedure and fixed costs for deafness cases – Litigation Futures

Posted September 7th, 2017 in Civil Justice Council, costs, disabled persons, news, noise, reports by tracey

‘The Civil Justice Council (CJC) has recommended to government a streamlined procedure for handling fast-track noise-induced hearing loss (NIHL) claims and a fixed-costs regime to go with it.’

Full Story

Litigation Futures, 6th September 2017

Source: www.litigationfutures.com

London borough demands greater powers over “lawless” shisha cafes – Local Government Lawyer

Posted February 23rd, 2017 in drug abuse, licensed premises, local government, news, noise, smoking by sally

‘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.’

Full story

Local Government Lawyer, 22nd February 2017

Source: www.localgovernmentlawyer.co.uk

Works and quiet enjoyment – Nearly Legal

Posted January 5th, 2017 in construction industry, covenants, landlord & tenant, leases, news, noise, rent by tracey

‘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.’

Full story

Nearly Legal, 4th January 2017

Source: www.nearlylegal.co.uk

When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘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.’

Full story

Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

Judge rejects £1m+ misfeasance in public office claim as statute-barred – Local Government Lawyer

Posted November 17th, 2016 in limitations, local government, misfeasance in public office, news, noise by sally

‘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.’

Full story

Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

A non-binary outcome – Nearly Legal

Posted November 7th, 2016 in equality, human rights, landlord & tenant, mental health, news, noise, nuisance, repossession by sally

‘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.’

Full story

Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk