Fixed costs only where pre-action protocol not followed – Zenith PI
‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’
Zenith PI, 1st May 2018
Source: zenithpi.wordpress.com
Category: noise
Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog
‘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
Musician wins landmark ruling over ruined hearing – BBC News
‘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).’
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
‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’
Daily Telegraph, 5th March 2018
Source: www.telegraph.co.uk
Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers
‘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.’
Zenith Chambers, 13th October 2017
Source: www.zenithchambers.co.uk
Famous London studio wins two years battle over the sound of silence – Daily Telegraph
‘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.’
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
‘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.’
Litigation Futures, 6th September 2017
Source: www.litigationfutures.com
London borough demands greater powers over “lawless” shisha cafes – Local Government Lawyer
‘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
Works and quiet enjoyment – Nearly Legal
‘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
When is an injury not an injury? – Doughty Street Chambers
‘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
Judge rejects £1m+ misfeasance in public office claim as statute-barred – Local Government Lawyer
‘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
A non-binary outcome – Nearly Legal
‘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
A balancing act: a landlord’s right to build and a tenant’s right to quiet enjoyment – Henderson Chambers
‘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
Farmer awarded £1m noise compensation from Stansted airport still waiting for pay-out 17 years later… as white lines haven’t been finished – Daily Telegraph
‘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
Musician sues Royal Opera House over ruined hearing – BBC News
‘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
Couple wins battle over ‘excruciating’ helicopter noise that put Tess Daly off buying their home – Daily Telegraph
‘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
Couple lose £4,000 legal battle with neighbour over ‘noisy’ pond – Daily Telegraph
‘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
Is that the sound of change to NIHL claims? – Zenith PI Blog
‘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
