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.’

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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.’

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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.’

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Henderson Chambers, 1st July 2016

Source: www.hendersonchambers.co.uk

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

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

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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.’

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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.’

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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.’

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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. ‘

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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.’

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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.’

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Litigation Futures, 28th September 2015

Source: www.litigationfutures.com

Hazard? What Hazard? – Nearly Legal

Posted September 9th, 2015 in homelessness, housing, local government, news, noise, statutory duty by sally

‘When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties?’

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Nearly Legal, 9th September 2015

Source: www.nearlylegal.co.uk

Owners of dog which barked 43 times a minute fined – Daily Telegraph

Posted September 4th, 2015 in dogs, fines, news, noise, nuisance by sally

‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’

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Daily Telegraph, 3rd September 2015

Source: www.telegraph.co.uk

Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures

Posted July 27th, 2015 in Civil Justice Council, compensation, insurance, news, noise by sally

‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
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Litigation Futures, 29th July 2015

Source: www.litigationfutures.com

Woman sent to jail for noisy sex – The Guardian

Posted June 2nd, 2015 in ASBOs, news, noise, sentencing by sally

‘A woman who breached a court order barring her from causing nuisance by making loud sex noises has been sent to jail.’

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The Guardian, 1st June 2015

Source: www.guardian.co.uk

Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, law reports, news, noise, personal injuries by tracey

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

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.’

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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.

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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.’

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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.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org