Noise meaning

A landlord’s development programme can impact occupants, whether within the premises or on adjacent land. This checklist outlines suggested steps a landlord might take before and during development works, to help minimise potential claims by tenants arising from disruption. What should the landlord do before development starts? The landlord should carefully gauge the potential for dispute by: obtaining a thorough grasp of the planned works programme, covering the physical extent of the works, the site facilities contractors will require, the anticipated timeframe for the project, and the likelihood of noise and dust reviewing the occupational leases in detail: whether the works intrude upon any demised premises. See Practice Notes: Airspace development—guidance for landlords and developers, and Alterations outside the demise—Definition of demised premises if any easements cannot be preserved throughout the course of the development whether any easements and/or rights can be lawfully varied whether an alternative entrance and exit route is available if...

In this issue: Key PI and Clinical negligence developments Noise-induced hearing loss Abuse and criminal injuries Coroner’s inquests New content LexisNexis® PI & Clinical Negligence Quantum Database LexisNexis® Quantum Portal LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and Clinical negligence developments HMCTS issues form for out-of-hours applications to the Court of Appeal (Civil Division). HM Courts & Tribunals Service (HMCTS) has released a mandatory form to be used when applying out of hours in the Court of Appeal (Civil Division). See: LNB News 08/10/2025 40. Noise-induced hearing loss MoD hearing loss trial may shape broader claims. Law360, London: On 6 October 2025, thousands of former service personnel returned to court seeking damages for noise-related hearing impairment sustained during military service, in proceedings that could carry significant consequences for other military and civilian hearing loss actions. See News Analysis:...

The legal delta: what changes? Even with the cap removed, compensatory awards still track compensatory loss, bounded by the familiar constraints: causation, mitigation and tribunal reductions such as Polkey deductions (where a fair dismissal would have occurred if a procedural defect were remedied) or deductions for contributory fault. Yet, despite those limits, once the statutory ceiling falls away, three outcomes are likely in most senior exits: The settlement corridor broadens significantly. For senior/high-earning employees, the ‘statutory anchor’ stops doing the heavy lifting and claimants are more inclined to push claims closer to a hearing (or at least right up to the brink of it) Incentives move from background noise to pleaded loss. Bonus ‘loss of chance’, forfeiture of deferred awards, and the valuation impact of equity vesting/lapse/forfeiture decisions become central features in schedules of loss Process risk turns into multiplier risk. Where relevant, the ACAS Code uplift (up to 25%) becomes more consequential when the underlying compensatory award is no longer capped ...

In this issue: Neighbour and party wall disputes Residential tenancies Service charges Key developments and horizon scanning Repairing obligations and dilapidations Disputes and remedies Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Neighbour and party wall disputes Boundary demarcation agreements bind successors in title (White v Alder) In White v Alder [2025] EWCA Civ 392, the Court of Appeal rejected the appeal, which asked whether a boundary agreement obliges successors in title, and if such obligation depends on their awareness of it. The court ruled that boundary demarcation agreements do bind successors in title, regardless of any lack of knowledge. Such an agreement fixes the limits of the legal estates granted in the original conveyance or transfer and, by its very character, follows through to successors in title. Noise and visual nuisance...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

Limitation Limitation frequently arises in noise-induced hearing loss (NIHL) cases. Typical claimants were exposed to workplace noise far more than three years before approaching a solicitor about a claim. Consequently, they are often beyond the primary three-year personal injury period and must rely on the alternative date of knowledge in section 11(4)(b) of the Limitation Act 1980 (LA 1980). Under LA 1980, section 14, the date of knowledge is the date the person first knew: that the injury was significant; that the injury was caused, in whole or in part, by the act or omission alleged to constitute negligence, nuisance or breach of duty; and the defendant’s identity. Whether those acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant...

Fixed recoverable costs in noise-induced hearing loss (NIHL) claims Following recommendations of the Civil Justice Council, fixed recoverable costs for NIHL matters were introduced. The principal provisions are located in: Pre-Action Protocol for Disease and Illness Claims, Annex E Section VIII of CPR 45 Table 15 of CPR PD 45 Annex E of the Pre-Action Protocol for Disease and Illness Claims Scope Annex E to the Pre-Action Protocol for Disease and Illness Claims applies where: the claim concerns NIHL the claim appears suitable for allocation to the fast track the first letter of claim is issued on or after 1 October 2023 Annex E is designed to underpin the fixed recoverable costs regime set out in Section VIII of CPR 45. If there is any inconsistency between the general provisions of the Pre-Action Protocol for Disease and Illness Claims and Annex E, Annex E takes priority. Excluded cases The...

Address Your Ref: Our Ref: Please ask for: Date: Telephone: Email: Dear [ insert organisation name ] Noise-induced hearing loss (NIHL) Letter of Claim Part A We act for [ insert Claimant’s name ] regarding a Noise Induced Hearing Loss claim against [ insert Defendant’s name ]. This correspondence is issued under Annex E of the Pre-Action Protocol for Disease and Illness Claims. To assist the Defendant(s) with a full investigation, we enclose the following (please tick to confirm enclosed): ELTO search(es) HMRC Completed questionnaire Completed Part B for each proposed Defendant Audiogram GP and hospital records Anticipated valuation Provisional Schedule of Special Damages with supporting evidence Personnel/Occupational Health file or the Claimant’s signed authority to obtain a copy from the insured Declaration of previous claims 1 Claimant’s details 1.1 Full name: 1.2 Address: 1.3 Date of birth: 1.4 National Insurance number: 1.5 Solicitor’s reference: 2 Employment history 2.1 The outline below records our client’s complete work history in...

Health and safety Please supply, where relevant, records covering: Health and safety policy; certifications (ISO 45001/45004, contractor accreditation); contents/index of the management system. Risk-based documentation: sample risk assessments (incl. explosion); COSHH inventory and assessments (SI 2002/2677); COMAH notifications, Major Accident Prevention Policy and, where relevant, Site Safety Report (SI 2015/483). Asbestos: surveys, register, management plans, clearance certificates, periodic checks, or basis confirming no asbestos. Fire safety: risk assessment and actions; inspection/maintenance of alarms, emergency lighting, extinguishers/sprinklers, smoke vents, dry/wet risers. Electrical and gas: most recent fixed‑wiring inspection and actions; latest gas plant service records. Water hygiene: legionella risk assessment/audit and management records (treatment, tank cleans, temperature checks); cooling tower/evaporative condenser notifications to the local authority. Lifting and machinery: inspection/test records, machinery safety assessments and example periodic/pre‑shift checks. Occupational exposure: noise surveys and airborne monitoring for any specified chemicals; ionising radiation records (personal dosimetry, authorised users, local rules, safety audit, risk assessment). Incidents and claims: accident/incident/near‑miss records for six...

Working environment Ventilation — Is the area supplied with adequate fresh or purified air? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Ambient temperature — Is the workspace at a reasonable, comfortable temperature? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Cleanliness — Is the area clean to a suitable standard? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Sufficient space — Is there ample floor area, height and free space for health, safety and welfare, with room to change position and move around? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Noise — Are sound levels comfortable? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Obstructions — Are floors and traffic routes clear of obstruction? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Windows — Can windows be opened and cleaned safely? Compliant? Yes/No/Not applicable. Required action: [Note any actions needed] Sanitary conveniences — Is there access to suitable and sufficient sanitary conveniences?...