Croft down

That appeal didn't go well...

http://www.thenorthernecho.co.uk/news/4076123.Croft_Circuit_loses_noise_
appeal/

Appeal Court judge, Sir Andrew Morritt, today said he could find no
legal flaw in Mr Justice Simon's conclusion that the Watsons and Mrs
Wilson had suffered an "actionable nuisance".

Sir Andrew, sitting with Lord Justice Richards and Lady Justice Hallett,
also ruled it was "illogical" of Mr Justice Simon to deny the trio an
injunction, restricting the number of days to 40 on which "noisy
activities" can take place at the racetrack.

 

Like I said in the previous Croft noise thread, the compensation instead
of an injunction was an unusual decision.

Not allowed to appeal to the Lords I see.

A pity, it raised some very important issues. No real change to the
common law of nuisance status quo yet then.

One of the people making a comment could be in for a nasty shock some
time:

"whats this country coming to? ****One day we'll get done for shouting
in our own house****, and the families want to get a life what did they
think was gonna happen at the circuit teddy bears picnics"



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I don't remember that, but then I haven't been a regular Archers
listener (and then not always by choice) since the tragic loss of Grace.

The 'Corky the Cockerel' case was a relatively modern classic of the
townee comes to live in the country and doesn't like it variety.
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| Pete Fisher at Home: |
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TBF I do catch the odd snatch of rum-tee-tum-tee-rum-tee-tum plot on the
car radio. Usually when proceeding back up the M20 on a Sunday morning
with ears pricked for traffic announcements. The lad quite enjoys it.
Linda's fervent zeal is now explained.

It would make a good title for a Miss Marple mystery.

I used to have the full judgement in my case law archives for white hat
noise nobbling newbies to read for the benefit of their education.
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| Pete Fisher at Home: |
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I assume this is the same Mrs Wilson as -

"Croft Promo-Sport Ltd has a leasehold interest in the circuit, which
is managed by Croft Classic and Historic Motor Sports Ltd (CCHM). CCHM
was set up in 1994 by Mr Jimmy Wilson - who was married to Jill Wilson
between 1987 and 1994".

 

I wondered why it rang a bell.

 

TBF, it is a very complex case. The full judgement from the original
hearing that Adrian posted a link to gives an excellent insight into the
common law of nuisance. I will be hoping to find the text of this latest
decision.

There has been a lot of what a Buddhist former work colleague would call
"hasty closing", by people commenting on the circumstances. People
really need to read the whole convoluted history to understand the
decision reached, whether in agreement or not.


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| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
| Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
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What we need is a knowledgable person with time on his hands to put
together a precis.

<drums fingers>

 

I'm not that bored yet. Perhaps when the redundancy kicks in - but then
the sun may be shining !

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| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
| Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
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That "one day" is now... That's how we finally got rid of the shitty
neighbours.

 

Quite.

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| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest * 2 Yamaha WR250Z |
| Gilera GFR * 2 Moto Morini 2C/375 Morini 350 "Forgotten Error" |
+----------------------------------------------------------------+

 

Yeah, its great!

It would appear that they are in a place on the crap(pier) side of
town, now and still haven't learned their lesson...