Motorsport noise nuisance - again
Discussion
Another appalling noise nuisance case. These 'people' moved near to a racetrack then sued the same for £20,000 damages. Incredibly, they won their case!
Thankfully, the Court of Appeal overturned that [ludicrous] decision and the couple were £85,000 down in legal costs due to the other side. Good.
"The couple say that, when they bought their home, "Fenland", just 500 metres from the track, in January 2006, they were unaware that speedway, stock car racing, banger racing and motocross were going on nearby. But Lord Justice Jackson said that was "most surprising" when all relevant planning permissions, going back to 1975, and certificates of lawful use were available for inspection on the local authority's register. And he observed: "It is a matter of prudence, indeed basic common sense, to inspect that register before purchasing a property in a rural location." http://www.planningresource.co.uk/article/1119401/...
After a further appeal, the case is before the Supreme Court - judgment expected on Wednesday 26th. Place your bets.
http://www.supremecourt.uk/current-cases/case_2012...
Thankfully, the Court of Appeal overturned that [ludicrous] decision and the couple were £85,000 down in legal costs due to the other side. Good.
"The couple say that, when they bought their home, "Fenland", just 500 metres from the track, in January 2006, they were unaware that speedway, stock car racing, banger racing and motocross were going on nearby. But Lord Justice Jackson said that was "most surprising" when all relevant planning permissions, going back to 1975, and certificates of lawful use were available for inspection on the local authority's register. And he observed: "It is a matter of prudence, indeed basic common sense, to inspect that register before purchasing a property in a rural location." http://www.planningresource.co.uk/article/1119401/...
After a further appeal, the case is before the Supreme Court - judgment expected on Wednesday 26th. Place your bets.
http://www.supremecourt.uk/current-cases/case_2012...
The neighbours won their appeal to the Supreme Court!
http://supremecourt.uk/decided-cases/docs/UKSC_201...
"It is not a defence to a claim in nuisance to show that the claimant acquired or moved into her property after the nuisance had started. However it may be a defence, at least in some circumstances, that it is only because the claimant has changed the use of her land that the defendant’s pre-existing activity is claimed to have become a nuisance"
http://supremecourt.uk/decided-cases/docs/UKSC_201...
"It is not a defence to a claim in nuisance to show that the claimant acquired or moved into her property after the nuisance had started. However it may be a defence, at least in some circumstances, that it is only because the claimant has changed the use of her land that the defendant’s pre-existing activity is claimed to have become a nuisance"
Update - neighbours seek £1 million in fees but get only £640,000.
http://www.lawgazette.co.uk/law/supreme-court-expr...
http://www.bailii.org/uk/cases/UKSC/2014/46.html
http://www.lawgazette.co.uk/law/supreme-court-expr...
http://www.bailii.org/uk/cases/UKSC/2014/46.html
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