Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

Full story

Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

Noise-induced hearing loss a disease, High Court rules – Law Society’s Gazette

The High Court has ruled that noise-induced hearing loss (NIHL) should be treated as a disease rather than an injury for the purpose of claims – and therefore be subject to higher success fees.

Full story

Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

Woman guilty of assault for throwing water – Daily Telegraph

Posted January 22nd, 2015 in assault, children, conditional discharge, costs, news, noise by sally

‘Michelle Dodd convicted after Stockport magistrates hear of her long-standing dispute with neighbour over ‘noisy’ children playing outside on trampoline.’

Full story

Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

Full story

Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

Wind turbines, noise and public information – UK Human Rights Blog

Posted November 10th, 2014 in consultations, delay, judicial review, local government, news, noise, planning by sally

‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’

Full story

UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

Miners’ deafness claims against government on the rise – Litigation Futures

‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’

Full story

Litigation Futures, 20th October 2014

Source: www.litigationfutures.com

The 13 obscure UK laws you didn’t know you were breaking – The Independent

‘Forget the urban myths about dying in Westminster or eating mince pies on Christmas Day: these are real rules you could be breaking without even realising it’

Full story

The Independent, 26th August 2014

Source: www.independent.co.uk

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

Chicken breeder faces court over noisy cockerel – Daily Telegraph

Posted April 15th, 2014 in animals, news, noise, prosecutions by tracey

‘A chicken breeder is being prosecuted after villagers complained her crowing cockerel keeps them awake at night.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

Full story

Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Council told to pay out £8k+ and instruct barrister over race track noise – Local Government Lawyer

Posted March 14th, 2014 in compensation, local government, news, noise, nuisance, sport by tracey

‘The Local Government Ombudsman has told a local authority to pay out more than £8,000 after residents of a village suffered excess noise for several years from a motor racing track nearby.’

Full story

Local Governemnt Lawyer, 13th March 2014

Source: www.localgovernmentlawyer.co.uk

Supreme Court brings private nuisance into the 21st century – UK Human Rights Blog

Posted March 4th, 2014 in damages, injunctions, news, noise, nuisance, planning, public interest, Supreme Court by sally

‘The law of private nuisance is the way of balancing the rights of neighours, the right to be noisy or smelly, and to be free of noise or smells. Hitherto it is has been explicitly a private law remedy, and has slightly odd rules. But it has been struggling with public interests for some years; are they irrelevant, or can they carry the day for claimant or defendant in a private nuisance claim?’

Full story

UK Human Rights Blog, 3rd March 2014

Source: www.ukhumanrightsblog.com

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Lawful noise from speedway track could still be a nuisance to homeowners, Supreme Court rules – OUT-LAW.com

Posted February 28th, 2014 in injunctions, news, noise, nuisance, sport by sally

‘A Suffolk couple who were unaware that they had purchased a house near a speedway stadium were entitled to obtain an injunction against the noise from the site, regardless of the fact that the stadium had been operating for years before they moved in, the Supreme Court has ruled.’

Full story

OUT-LAW.com, 27th February 2014

Source: www.out-law.com

Nagging wife given an ASBO after keeping neighbours awake for three years – Daily Telegraph

Posted December 21st, 2012 in ASBOs, news, noise by tracey

“A nagging wife has been given an ASBO after keeping neighbours awake for three
years with her constant quibbling.”

Full story

Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

Consultation on Repeal of sections 63 to 67 of the Control of Pollution Act 1974: Abolishing Noise Abatement Zones – Department for Environment, Food and Rural Affairs

Posted December 10th, 2012 in consultations, local government, news, noise by sally

“This consultation seeks views on the Repeal of sections 63 to 67 of the Control of Pollution Act 1974 in relation to England and Wales, which would abolish all existing Noise Abatement Zones and prevent new ones being established.”

Consultation (PDF)

Department for Environment, Food and Rural Affairs, December 2012

Source: www.defra.gov.uk

Noisy neighbours may be protected by new law to stop council snooping – The Guardian

“A new law to stop councils using counter-terrorism powers to snoop on people is thwarting efforts to tackle noisy neighbours, according to environmental health experts.”

Full story

The Guardian, 4th November 2012

Source: www.guardian.co.uk

Man killed noisy neighbour with fish filleting knife – BBC News

Posted October 16th, 2012 in homicide, news, noise, offensive weapons, sentencing, unlawful killing by tracey

“A man has been jailed for 10 years for stabbing his neighbour to death following a series of disputes over noise in St Helens.”

Full story

BBC News, 15th October 2012

Source: www.bbc.co.uk