Nuisance by noise transmission
Brewer, Geoff
Nuisance by noise transmission - 2005 - Contract Journal 431(6552) 23 November 2005, 30(1) .
Outlines the facts of, and comments upon, "Stannard v Charles Pitcher Ltd and Others", (QBD [2002] BLR 441). S sought a mandatory injunction requiring works to be carried out to the flat above, of which A was the lessee, to minimise noise nuisance. 'Held' that whilst flats in urban areas involve the tolerance of some level of noise, the impact noise in this case was above modern standards of acceptability and inconsistent with the provisions of the lease. In relation to nuisance, the reasonableness test applied. In this case, the standard of comfort previously enjoyed by S, and the standards envisaged by the lease which were available to the majority of tenants, were significant and important factors in deciding what was reasonable. A mandatory injunction was therefore granted.
STANNARD V AL SHAREKH
Nuisance by noise transmission - 2005 - Contract Journal 431(6552) 23 November 2005, 30(1) .
Outlines the facts of, and comments upon, "Stannard v Charles Pitcher Ltd and Others", (QBD [2002] BLR 441). S sought a mandatory injunction requiring works to be carried out to the flat above, of which A was the lessee, to minimise noise nuisance. 'Held' that whilst flats in urban areas involve the tolerance of some level of noise, the impact noise in this case was above modern standards of acceptability and inconsistent with the provisions of the lease. In relation to nuisance, the reasonableness test applied. In this case, the standard of comfort previously enjoyed by S, and the standards envisaged by the lease which were available to the majority of tenants, were significant and important factors in deciding what was reasonable. A mandatory injunction was therefore granted.
STANNARD V AL SHAREKH