Fernando v Bilton [2015] EWCA Civ 1098 (08 October 2015)

Fernando v Bilton [2015] EWCA Civ 1098 (08 October 2015)

The claim failed because the noise generated by the works, even at its maximum, was well below the threshold at which injury would be foreseeable, and thus no liability arose in negligence or nuisance.

Citation
[2015] EWCA Civ 1098
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
Negligence, Nuisance, Breach of Statutory Duty, Foreseeability of Injury, Party Wall Act
Tort Property Negligence Nuisance Breach of Statutory Duty Foreseeability of Injury Party Wall Act

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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 for purposes of negligence and nuisance
  2. 2 Whether breach of statutory duty under the Party Wall etc Act 1996 occurred

Ratio Decidendi

The claim failed because the noise generated by the works, even at its maximum, was well below the threshold at which injury would be foreseeable, and thus no liability arose in negligence or nuisance.

Court Disposition

Renewed application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Claim dismissed with costs