Fernando v Bilton

Fernando v Bilton

The injury was not reasonably foreseeable because the maximum noise level was well below the threshold at which injury would be expected, and the Party Wall etc Act 1996 does not make injury foreseeable.

Parties
Applicant/claimant: Sheelagh Fernando; Respondent/defendant: Jonathan Bilton
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal dismissed
Legal Topics
Foreseeability of Injury, Noise Nuisance, Party Wall Act, Damages for Personal Injury
Tort Law Nuisance Negligence Foreseeability of Injury Noise Nuisance Party Wall Act Damages for Personal Injury

Case Brief

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Parties

Sheelagh Fernando

Applicant/claimant

Jonathan Bilton

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether injury from noise was reasonably foreseeable
  2. 2 Whether failure to give notice under the Party Wall etc Act 1996 is relevant to foreseeability of injury
  3. 3 Whether the noise level was sufficient to make injury foreseeable

Ratio Decidendi

The injury was not reasonably foreseeable because the maximum noise level was well below the threshold at which injury would be expected, and the Party Wall etc Act 1996 does not make injury foreseeable.

Court Disposition

Renewed application for permission to appeal dismissed