‘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.’
Nearly Legal, 13th December 2020
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Parklane Plowden Chambers, 2nd October 2020
Source: www.parklaneplowden.co.uk
‘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.’
Litigation Futures, 15th September
Source: www.litigationfutures.com
‘A man who attacked his neighbour in a row over a barking dog has been convicted of murdering him.’
BBC News, 27th July 2020
Source: www.bbc.co.uk
‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘Even those who are experienced in personal injury cases in general can sometimes find industrial diseases cases difficult to get to grips with. Noise induced hearing loss cases can fall into this category. Such cases sometimes appear littered with seemingly impenetrable, highly technical arguments.’
Parklane Plowden Chambers, 19th May 2020
Source: www.parklaneplowden.co.uk
‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’
Francis Taylor Building, 21st May 2020
Source: www.ftbchambers.co.uk
‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:
(i) Constitutional issues, such as unrelated third pathologies, which can
‘replicate’ the pattern of threshold elevation as appears in NIHL cases;
(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;
(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;
(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’
Parklane Plowden Chambers, 22nd May 2020
Source: www.parklaneplowden.co.uk
‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’
Local Government Lawyer, 26th May 2020
Source: www.localgovernmentlawyer.co.uk
‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
‘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. ‘
Parklane Plowden Chambers, 5th December 2019
Source: www.parklaneplowden.co.uk
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.
Church Court Chambers, November 2019
Source: churchcourtchambers.co.uk
‘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.’
Local Government Lawyer, 27th November 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Litigation Futures, 21st May 2019
Source: www.litigationfutures.com
‘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.’
The Guardian, 11th March 2019
Source: www.theguardian.com
‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’
Nearly Legal, 30th September 2018
Source: nearlylegal.co.uk
‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’
Daily Telegraph, 1st August 2018
Source: www.telegraph.co.uk
‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’
Zenith PI, 1st May 2018
Source: zenithpi.wordpress.com
‘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.’
UK Human Rights Blog, 2nd April 2018
Source: ukhumanrightsblog.com
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