Snoring is not ASB, not even in Lambeth – Nearly Legal

Posted May 2nd, 2023 in ASBOs, injunctions, news, noise, nuisance by tracey

‘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.’

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Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB

‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’

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3PB, March 2023

Source: www.3pb.co.uk

The High Court Considers the Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss – Ropewalk Chambers

Posted April 11th, 2023 in armed forces, causation, news, noise, personal injuries by sally

‘This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss.’

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Ropewalk Chambers, 14th March 2023

Source: ropewalk.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

Clicks, pops and nuisance – Nearly Legal

Posted November 7th, 2022 in expert witnesses, housing, leases, news, noise, nuisance by tracey

‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Noise cameras to be trialled in England to tackle ‘boy racers’ – The Guardian

Posted October 18th, 2022 in evidence, news, noise, road traffic offences, video recordings by sally

‘Noise-detecting traffic cameras will be trialled in four areas in England in an attempt to crack down on “boy racers” who rev engines and use illegal exhausts, the Department for Transport has announced.’

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The Guardian, 18th October 2022

Source: www.theguardian.com

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

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OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

Court blocks bid to issue 3,500 cases on just one claim form – Law Society’s Gazette

‘The High Court has blocked a firm’s latest attempt to issue multiple different claims through the same claim form.’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures

Posted March 8th, 2022 in evidence, expert witnesses, news, noise, nuisance, pollution, solicitors by tracey

‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’

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Legal Futures, 8th March 2022

Source: www.legalfutures.co.uk

Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers

Posted November 2nd, 2021 in employment, health & safety, news, noise, regulations by sally

‘The first edition of Controlling Noise at Work was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of time, have generated the need for a third edition, which offers an opportunity to reconsider the Guidance itself, which contains a plethora of detail beyond the Regulations, and fertile material for cross-examination and submissions at trial.’

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Ropewalk Chambers, 2nd November 2021

Source: www.ropewalk.co.uk

Noisy neighbours spark 67% rise in police complaints – The Guardian

Posted September 20th, 2021 in budgets, complaints, coronavirus, local government, news, noise, police, statistics by tracey

‘Police forces across England faced a sharp increase in complaints about noisy neighbours during last year’s lockdown, with claims that years of cuts have left councils struggling to deal with antisocial behaviour.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Ministry of Justice to press ahead with fixed costs expansion – Legal Futures

‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Council bans ice cream van from street following chime complaints – Local Government Lawyer

Posted August 23rd, 2021 in codes of practice, food, licensing, local government, news, noise, nuisance by tracey

‘An ice-cream van operator has been banned from operating on an East Suffolk Council street over a complaint that one of its vehicles sounded its chimes for too long.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

Airport ordered to pay compensation to home owners over noise – The Independent

Posted April 1st, 2021 in airports, compensation, news, noise by tracey

‘A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.’

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The Independent, 31st March 2021

Source: www.independent.co.uk

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers

Posted October 27th, 2020 in evidence, expert witnesses, news, noise, personal injuries by sally

‘The recent case of Hinson v Hare [2020] EWHC 2386 QB provides further clarification on the circumstances in which a court may allow one party permission to rely on a further expert report, when the conclusions reached by the single joint expert are not to their liking. Whilst the specific claim was for noise induced hearing loss (NIHL) the principles expounded can be applied generally.’

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Parklane Plowden Chambers, 2nd October 2020

Source: www.parklaneplowden.co.uk

Judge refuses to let claimant abandon “unfavourable” joint expert – Litigation Futures

Posted September 15th, 2020 in appeals, expert witnesses, news, noise, personal injuries, reports by tracey

‘A High Court judge has upheld a decision not to allow a claimant in a noise-induced hearing loss (NIHL) case to rely on a different expert because a joint expert produced an unfavourable report.’

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Litigation Futures, 15th September

Source: www.litigationfutures.com

Cardiff barking dog row attacker guilty of murder – BBC News

Posted July 28th, 2020 in dogs, grievous bodily harm, murder, news, noise by sally

‘A man who attacked his neighbour in a row over a barking dog has been convicted of murdering him.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk