‘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
‘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
‘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.’
Litigation Futures, 28th September 2015
Source: www.litigationfutures.com
‘When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties?’
Nearly Legal, 9th September 2015
Source: www.nearlylegal.co.uk
‘The owners of a dog which barked 43 times a minute for 20 minutes have been fined.’
Daily Telegraph, 3rd September 2015
Source: www.telegraph.co.uk
‘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.’
Full story
Litigation Futures, 29th July 2015
Source: www.litigationfutures.com
‘A woman who breached a court order barring her from causing nuisance by making loud sex noises has been sent to jail.’
The Guardian, 1st June 2015
Source: www.guardian.co.uk
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
‘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.’
Litigation Futures, 16th March 2015
Source: www.litigationfutures.com
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.
Law Society’s Gazette, 17th March 2015
Source: www.lawgazette.co.uk
‘Michelle Dodd convicted after Stockport magistrates hear of her long-standing dispute with neighbour over ‘noisy’ children playing outside on trampoline.’
Daily Telegraph, 21st January 2015
Source: www.telegraph.co.uk
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
‘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.’
Sports Law Bulletin from Blackstone Chambers, 13th November 2014
Source: www.sportslawbulletin.org
‘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.’
UK Human Rights Blog, 7th November 2014
Source: www.ukhumanrightsblog.com
‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’
Litigation Futures, 20th October 2014
Source: www.litigationfutures.com
‘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’
The Independent, 26th August 2014
Source: www.independent.co.uk
Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)
Supreme Court, 23rd July 2014
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
‘A chicken breeder is being prosecuted after villagers complained her crowing cockerel keeps them awake at night.’
Daily Telegraph, 15th April 2014
Source: www.telegraph.co.uk
‘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.’
Henderson Chambers, 25th March 2014
Source: www.hendersonchambers.co.uk
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