Category: noise

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

Posted April 3rd, 2018 in damages, health, health & safety, human rights, industrial injuries, news, noise, personal injuries by sally

‘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.’

Full Story

UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by tracey

‘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).’

Full Story

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

Posted March 7th, 2018 in compensation, contracts, injunctions, news, noise, nuisance by sally

‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’

Full Story

Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Stay silent during rape and attackers may assume consent, warns DPP – The Guardian

Posted January 23rd, 2018 in consent, Crown Prosecution Service, evidence, news, noise, prosecutions, rape by sally

‘Rape victims have been warned by the director of public prosecutions that if they stayed silent during the assault their attackers may have assumed consent was given and therefore could escape being charged.’

Full Story

The Guardian, 22nd January 2018

Source: www.theguardian.com

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers

Posted October 20th, 2017 in limitations, news, noise, personal injuries by sally

‘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.’

Full Story

Zenith Chambers, 13th October 2017

Source: www.zenithchambers.co.uk

Famous London studio wins two years battle over the sound of silence – Daily Telegraph

Posted October 13th, 2017 in news, noise, planning by tracey

‘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.’

Full Story

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

Posted September 7th, 2017 in Civil Justice Council, costs, disabled persons, news, noise, reports by tracey

‘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.’

Full Story

Litigation Futures, 6th September 2017

Source: www.litigationfutures.com

London borough demands greater powers over “lawless” shisha cafes – Local Government Lawyer

Posted February 23rd, 2017 in drug abuse, licensed premises, local government, news, noise, smoking by sally

‘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.’

Full story

Local Government Lawyer, 22nd February 2017

Source: www.localgovernmentlawyer.co.uk

Works and quiet enjoyment – Nearly Legal

Posted January 5th, 2017 in construction industry, covenants, landlord & tenant, leases, news, noise, rent by tracey

‘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.’

Full story

Nearly Legal, 4th January 2017

Source: www.nearlylegal.co.uk

When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘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.’

Full story

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

Posted November 17th, 2016 in limitations, local government, misfeasance in public office, news, noise by sally

‘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.’

Full story

Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

A non-binary outcome – Nearly Legal

Posted November 7th, 2016 in equality, human rights, landlord & tenant, mental health, news, noise, nuisance, repossession by sally

‘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.’

Full story

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

Posted July 12th, 2016 in compensation, construction industry, landlord & tenant, news, noise by sally

‘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.’

Full story

Henderson Chambers, 1st July 2016

Source: www.hendersonchambers.co.uk

13 ways you might be accidentally breaking the law, according to lawyers – The Independent

Posted May 11th, 2016 in birds, closed circuit television, complaints, computer crime, consent, harassment, human rights, internet, news, noise, nuisance, privacy, theft, trees, waste by sally

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

Full story

The Independent, 10th May 2016

Source: www.independent.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

Posted May 11th, 2016 in airports, compensation, housing, news, noise by sally

‘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.’

Full story

Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

Musician sues Royal Opera House over ruined hearing – BBC News

Posted April 1st, 2016 in health & safety, news, noise, personal injuries by sally

‘A renowned viola player is suing the Royal Opera House for ruining his hearing and his career during rehearsals of Wagner’s Die Walkure.’

Full story

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

Posted March 18th, 2016 in aircraft, damages, injunctions, news, noise, nuisance by tracey

‘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.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

Couple lose £4,000 legal battle with neighbour over ‘noisy’ pond – Daily Telegraph

Posted February 17th, 2016 in complaints, costs, news, noise, nuisance by michael

‘A couple have lost a costly legal battle with their neighbour over claims his garden pond is too noisy. ‘

Full story

Daily Telegraph, 17 February 2016

Source: www.telegraph.co.uk

Is that the sound of change to NIHL claims? – Zenith PI Blog

Posted September 29th, 2015 in Civil Justice Council, costs, news, noise, personal injuries by sally

‘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

MoJ tells noise-induced hearing loss working group to focus on fixed fees – Litigation Futures

Posted September 28th, 2015 in costs, fees, Ministry of Justice, news, noise, personal injuries by sally

‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’

Full story

Litigation Futures, 28th September 2015

Source: www.litigationfutures.com