Archive for the 'noise' Category

Baker v Quantum Clothing Group Ltd and others – WLR Daily

Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17;  [2011] WLR (D)  132

“A workplace could be unsafe for the purposes of section 29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in relation to long-term employees. Safety had to be judged according to the general knowledge and standards of the time.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Supreme Court overturns CoA’s Pretty Polly hearing loss ruling – The Lawyer

“The Supreme Court has refused to endorse a Court of Appeal (CoA) ruling on noise induced hearing loss, blocking the progression of what lawyers believe could have been thousands of hearing loss claims.”

Full story

The Lawyer, 13th April 2011

Source: www.thelawyer.com

Residents lose ‘fight the flights’ court battle – The Independent

“Local residents have lost their High Court battle to block an ‘extremely large’ increase in the number of flights proposed for London City Airport.”

Full story

The Independent, 20th January 2011

Source: www.independent.co.uk

Teacher who lost voice trying to make herself heard awarded £150,000 – The Guardian

“A teacher of English whose voice was permanently damaged as she struggled to make herself heard in the classroom has been awarded more than £150,000 in compensation.”

Full story

The Guardian, 9th November 2010

Source: www.guardian.co.uk

Johnny Cash fan jailed for playing music too loudly – Daily Telegraph

“Susan Cook refused warnings to turn down her stereo volume and was given a 16-week sentence by a judge at Basildon Crown Court.”

Full story

Daily Telegraph, 13th July 2010

Source: www.telegraph.co.uk

‘Noisy sex’ Wearside woman spared jail for second time – BBC News

“A woman who made her neighbours’ lives hell by having noisy sex has been spared jail for a second time.”

Full story

BBC News, 29th June 2010

Source: www.bbc.co.uk

Calls to ban Mosquito ‘teen repellent’ device ruled out – BBC News

“The UK government has rejected calls to ban a device that uses a high-pitched noise to disperse teenage gangs.”

Full story

BBC News, 28th June 2010

Source: www.bbc.co.uk

Teenager-repellent ‘mosquito’ must be banned, says Europe – The Guardian

“A device that uses high-frequency sound to disperse teenage gangs is illegal under human rights law and is ‘degrading and discriminatory’ to youngsters, a report this week claims.”

Full story

The Guardian, 20th June 2010

Source: www.guardian.co.uk

ASBO bans woman from lap dancing, pole dancing and prostitution – Daily Telegraph

“A woman alleged to have driven neighbours out of their homes by her sexual activities has been banned from inviting any men around for the night except for her brothers and the emergency services.”

Full story

Daily Telegraph, 22nd May 2010

Source: www.telegraph.co.uk

Lord Tebbit will not be prosecuted over claims of kicking Chinese dragon – Daily Telegraph

“Tory peer Norman Tebbit will not face criminal action over claims that he kicked a person wearing a dragon costume during Chinese New Year celebrations.”

Full story

Daily Telegraph, 30th March 2010

Source: www.telegraph.co.uk

‘Noisy sex’ woman spared prison – BBC News

“A woman who breached an Asbo banning her from having noisy sex has been given a suspended prison sentence.”

Full story

BBC News, 22nd January 2010

Source: www.bbc.co.uk

Noisy sex woman admits Asbo breach – BBC News

“A woman who was given an anti-social behaviour order banning her from making loud noises during sex has admitted breaching the order.”

Full story

BBC News, 15th December 2009

Source: www.bbc.co.uk

Noisy sex woman loses appeal bid – BBC News

“A woman who was banned from making loud noises during sex has lost an appeal against her conviction.”

Full story

BBC News, 10th November 2009

Source: www.bbc.co.uk

Wife says noisy sex conviction breaches rights – The Independent

“A couple’s nightly sex sessions were making their neighbours’ lives’ hell, a court heard today.”

Full story

The Independent, 9th November 2009

Source: www.independent.co.uk

Hi-fis seized as Asbo served on Quo fan – The Independent

“His music had his neighbours Rockin’ All Over The World – but now Paul Lloyd is risking going Down Down.”

Full story

The Independent, 16th September 2009

Source: www.independent.co.uk

Baker and Others v Quantum Clothing and Others – Times Law Reports

Baker and Others v Quantum Clothing and Others

Court of Appeal

“Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

Rap fan given Asbo – Daily Telegraph

“A man has been given an Asbo for playing loud rap music for up to 22 hours a day.”

Full story

Daily Telegraph, 18th December 2008

Source: www.telegraph.co.uk

Foggy the dog shot dead after row over early morning barking – The Times

“A parish council chairman shot his neighbours’ dog dead because its early morning barking annoyed him, a court heard yesterday.”

Full story 

The Times, 28th November 2008

Source: www.timesonline.co.uk

Villagers win over £70,000 after peace shattered by noisy council refuse wagons – Daily Telegraph

“Three villagers have won more than £70,000 in compensation from a local authority after refuse trucks shattered the early morning peace.”

Full story

Daily Telegraph, 14th November 2008

Source: www.telegraph.co.uk

Legal defeat for neighbours who complain of pub and church bell noise – Daily Telegraph

“People who buy homes near church bells or cricket pitches then complain about the noise should just tolerate it, the High Court has ruled.”

Full story

Daily Telegraph, 24th October 2008

Source: www.telegraph.co.uk

Chilton-Merryweather v Hunt and Others – Times Law Reports

Chilton-Merryweather v Hunt and Others

Court of Appeal

“An increase in noise and pollution caused by growth in the volume of traffic on a motorway was not sufficient to justify a reduction in the council tax for neighbouring properties.”

The Times, 9th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

MoD pays out tens of thousands of pounds over animals killed by jet training – The Times

“Low-flying by the RAF caused the death of or serious injuries to dozens of horses, cows, chickens and other animals in a series of incidents for which the Ministry of Defence has paid tens of thousands of pounds of compensation.”

Full story

The Times, 1st September 2008

Source: www.timesonline.co.uk

Man banned from fiancée’s flat after noisy sex sessions – Daily Telegraph

“A man has been banned by the courts from visiting his fiancée at her home after neighbours complained about the couple’s noisy sex sessions.”

Full story

Daily Telegraph, 14th August 2008

Source: www.telegraph.co.uk

Repeat loo flusher faces eviction – BBC News

“A council tenant faces being evicted from her home after repeatedly flushing the toilet during the night.”

Full story

BBC News, 13th August 2008

Source: www.bbc.co.uk

Cher fan has his stereo destroyed – BBC News

“A man who blasted Cher and U2 from his home has had his stereo equipment and music collection destroyed.”

Full story

BBC News, 9th August 2008

Source: www.bbc.co.uk

Karaoke singer faces fine for Whitney Houston renditions – Daily Telegraph

“A karaoke singer is facing a fine after breaking a noise abatement order by reciting hits such as ‘I Will Always Love You’ by Whitney Houston in her home.”

Full story

Daily Telegraph, 30th July 2008

Source: www.telegraph.co.uk

Council puts freeze on ice-cream jingles – The Times

“Ice-cream vans have been ordered to silence their jingles after four seconds because they are considered to be noise pollution.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Police car mechanic awarded damages after testing emergency sirens made him deaf – Daily Telegraph

“A police car mechanic has been awarded more than £16,000 in damages after testing emergency sirens made him deaf.”

Full story

Daily Telegraph, 21st July 2008

Source: www.telegraph.co.uk

Heathrow noise case at High Court – BBC News

“The government is facing a High Court challenge by councils aiming to cut the number of aircraft arriving at Heathrow airport early each morning.”

Full story

BBC News, 20th May 2008

Source: www.bbc.co.uk

Police can’t break up ‘too dark’ raves – Daily Telegraph

“A police force has admitted it is powerless to break up illegal raves – because it is too dark when they are in full swing.”

Full story

Daily Telegraph, 9th May 2008

Source: www.telegraph.co.uk

Cockerel owner gets noise asbo – The Guardian

“A chicken owner has been given an asbo after his cockerels kept neighbours awake by crowing 400 times an hour. Peter Stoodley, 64, has been ordered to evict 80 birds living at the back of his shop in Yeovil after the council received a ‘sustained period’ of complaints about the noise.”

Full story

The Guardian, 16th April 2008

Source: www.guardian.co.uk

Councils take legal action on night flights – The Guardian

“Three local authorities are to take the government to the high court in an attempt to stop night flights which they claim break noise regulations. Richmond, Wandsworth, and Windsor and Maidenhead councils have campaigned against night flights at Heathrow for several years and claim that the transport secretary, Ruth Kelly, is ‘failing in her duty to protect residents from excessive night noise’.”

Full story

The Guardian, 12th March 2008

Source: www.guardian.co.uk

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd – Times Law Reports

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd

Chancery Division

“An obligation to use all reasonable endeavours was equated with an obligation to use best endeavours which was more onerous than an obligation to use reasonable endeavours. ”

The Times, 6th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

It’s health and safety: musicians face calls to rehearse quietly – The Times

“Orchestras may be asked to rehearse and even to perform more quietly under new health and safety regulations.”

Full story

The Times, 1st June 2007

Source: www.timesonline.co.uk

O’Connor and others v. Wiltshire County Council – WLR Daily

O’Connor and others v. Wiltshire County Council [2007] EWCA Civ 426

A public highway was not necessarily constructed “on behalf of” a person who made some contribution towards the cost of its construction and the fact that someone had contributed towards the costs of construction did not prevent the highway being maintainable “at the public expense” for the purposes of s 36(2) of the Highways Act 1980 and s 19(3) of the Land Compensation Act 1973.”

WLR Daily, 9th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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