White v Lynch [2011] EWHC 1664 (QB) (07 July 2011)

White v Lynch [2011] EWHC 1664 (QB) (07 July 2011)

The defendant breached the undertaking by permitting non-incidental amplified music after 23:00 on specified dates, contrary to the literal and intended meaning of the undertaking. The permanent injunction is justified to restrain music above 85 dBA Leq after 23:00, but not an absolute ban. The rent waiver in the interim order is to be calculated pro rata for the period the injunction was in force.

Citation
[2011] EWHC 1664 (QB)
Parties
Claimant: Allan Kenneth William White; Defendant: Mark Anthony Lynch
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Civil (injunction, Contempt, Lease Dispute) / Judgment After Trial on Permanent Injunction and Committal Application
Outcome
Permanent injunction granted; committal application technically succeeds but no penalty imposed; costs reserved for further submissions.
Legal Topics
Breach of Lease, Noise Nuisance, Premises Licence Conditions, Planning Permission Conditions, Contempt of Court, Interpretation of Undertakings, Sound Measurement Standards
Landlord and Tenant Licensing Law Planning Law Contempt of Court Breach of Lease Noise Nuisance Premises Licence Conditions Planning Permission Conditions +2 more

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Parties

Allan Kenneth William White

Claimant

Mark Anthony Lynch

Defendant

Procedural Posture

Civil (injunction, Contempt, Lease Dispute) / Judgment After Trial on Permanent Injunction and Committal Application

Legal Issues

  1. 1 Whether the defendant breached undertakings regarding music after 23:00
  2. 2 Whether a permanent injunction should be granted restraining music after 23:00
  3. 3 Proper construction of rent waiver in interim injunction order

Ratio Decidendi

The defendant breached the undertaking by permitting non-incidental amplified music after 23:00 on specified dates, contrary to the literal and intended meaning of the undertaking. The permanent injunction is justified to restrain music above 85 dBA Leq after 23:00, but not an absolute ban. The rent waiver in the interim order is to be calculated pro rata for the period the injunction was in force.

Court Disposition

Permanent injunction granted; committal application technically succeeds but no penalty imposed; costs reserved for further submissions.

Orders

  • Permanent injunction restraining music above 85 dBA Leq after 23:00, subject to conditions.
  • No order for committal or fine for contempt.