Noisy neighbours - help is at hand
Noisy neighbours can ruin lives and blight communities. There are many steps that someone suffering can take including trying to talk to their neighbour, complaining to the local council or trying to mediate. It is fair to say that most people will not embark upon a court claim for nuisance due to the cost and complexity. However a recent case has re-affirmed that the courts will try to take a pragmatic view when faced with this most destructive nuisance.
The two main remedies for a nuisance claim are damages or an injunction. Damages are a monetary award. An injunction orders the recipient to stop the action complained of. Case law has established over the years that a court may be more likely to award damages when faced with a noisy neighbour's complaint.
The recent case is not 'run of the mill' in that the noise nuisance complained of was helicopter training activity taking place at an aerodrome near to the applicant's property. An interesting aside is that it was alleged in the national press that Tess Daly, the 'Strictly Come Dancing' presenter, decided not to buy the house because of this noise.
The Judge in the case decided that the appropriate remedy was an injunction which allowed the activity complained of to continue but it limited the times and locations that the helicopter training could take place.
The Judge made some interesting comments when he said: 'In nuisance cases like this, there must be give and take' and 'the Claimant's approach has been one of reasonable restraint the Defendant's approach regrettably has not been the same'.
This is an important reminder that an injunction is a type of remedy which requires the applicant to be fair and reasonable.
Case: Peires v Bickerton's Aerodromes Ltd [2016] EWHC 560 (Ch), [2016] All ER (D) 160 (Mar)
If you are suffering from nuisance from your neighbour, your first step will not be court proceedings. The escalation into a dispute could lead to difficulties in selling your house in the future. But it is reassuring to know that the courts are willing to grant injunctions if absolutely necessary.
To discuss this or any litigation matter, contact us.