27 February 2014
Couple Wins Compensation for Noise Nuisance
A couple in Cambridge look set to benefit from a compensation payment from a nearby stadium.
Katherine Lawrence and Raymond Shields took the Mildenhall Stadium, which hosts the Fen Tigers speedway team, to Court after complaining that the noise they suffered at their home in Fenland was a nuisance.
Although their house is 560 metres away from the stadium, the noise of the motorbikes involved in the competition disrupted their daily routine and had a substantial impact on their day-to-day lives, reports Cambridge News.
This argument won them £20,000 in compensation from the stadium owners at a High Court hearing in 2011, but this was later taken away by a Court of Appeal verdict a year later.
But now, thanks to a Supreme Court hearing, the couple will be able to win some of this compensation back, after it was concluded the noise had a serious impact on their lives.
Ms Lawrence and Mr Shields lived at the property between 2006 and 2010, but had to move out when a digger crashed into an oil tank, flooding it with the flammable substance, before a fire rendered the home uninhabitable.
Lord Neuberger, giving the Supreme Court’s main ruling, said, "There is no question of the respondents being able to rely on the fact that the appellants came to the nuisance, or any other similar argument.
"The appellants used their property, Fenland, as a residence, which was the same purpose to which it had been put ever since before the activities currently carried on at the stadium and the track had started."
Kevin Jolly, chairman of the Fen Tigers, refused to accept the verdict and planned to take the hearing to a higher Court, but did express disappointment at the result of the Supreme Court trial.
Mr Jolly did however state he is optimistic about his speedway side's chances in the coming season, despite the "cloud" that the compensation case has left over his club in recent years.