Max Thorowgood represented a group of neighbours who successfully brought a private nuisance claim against the developer of a nearby development site.
Background to the private nuisance claim
In November 2013, the defendant, a property development company, commenced works on a site in South London.
Shortly after the construction began, neighbouring residents raised complaints regarding the manner in which the work was conducted. The specifics of the nuisance included noisy out-of-hours work, excessive dust and bright lighting which caused sleep disturbances.
These disturbances reportedly persisted until the project's completion in the summer of 2015. The neighbours then filed a nuisance claim against the development company.
On the claimants' behalf Max argued:
- that the construction works caused significant disturbances which interfered with their enjoyment of their properties
- that the defendant failed to adhere to statutory regulations; disregarding noise control guidelines and operating outside permitted working hours, and
- in favour of a damages award, as a result of the works.
Judgment
HHJ Parfitt ruled in favour of the claimants on specific instances of disturbance caused by out-of-hours activities.
The claimants were awarded damages to compensate for the disturbances.
Read the judgment in Milne & Others v Hambridge Homes Ltd