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”.’
BBC News, 19th January 2023
Source: www.bbc.co.uk
Category: noise
Clicks, pops and nuisance – Nearly Legal
‘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.’
Nearly Legal, 6th November 2022
Source: nearlylegal.co.uk
Noise cameras to be trialled in England to tackle ‘boy racers’ – The Guardian
‘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.’
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.’
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.’
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.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures
‘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.’
Legal Futures, 8th March 2022
Source: www.legalfutures.co.uk
Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers
‘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.’
Ropewalk Chambers, 2nd November 2021
Source: www.ropewalk.co.uk
Noisy neighbours spark 67% rise in police complaints – The Guardian
‘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.’
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.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
Council bans ice cream van from street following chime complaints – Local Government Lawyer
‘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.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
Airport ordered to pay compensation to home owners over noise – The Independent
‘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.’
The Independent, 31st March 2021
Source: www.independent.co.uk
And he’s not there… – Nearly Legal
‘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
Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer
‘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
Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers
‘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
Judge refuses to let claimant abandon “unfavourable” joint expert – Litigation Futures
‘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
Cardiff barking dog row attacker guilty of murder – BBC News
‘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
Jafari v Tareem Limited [2019] EWHC 3119 (Ch) – Tanfield Chambers
‘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
Noise Induced Hearing Loss (NIHL) – an Introduction, by Jim Hester – Parklane Plowden Chambers
‘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
R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building
‘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
