fbpx

Vulnerable tenant protected from loss of liberty in noise nuisance dispute

11th August 2020 By Arman Khosravi

This week, Oliver Fisher’s trainee solicitor Olivia Doherty achieved an excellent result under severe time constraints in a noise nuisance dispute.

Details of the noise nuisance dispute

The client, who is considered disabled and suffers with extreme anxiety, depression, and PTSD, faces an anti-social behaviour injunction from his landlord for noise nuisance.

Typically, a client is represented from the beginning of their dispute. But in this instance, Oliver Fisher received instruction with just a week to obtain legal aid and prepare for the hearing.

Ms Doherty successfully obtained legal aid for the civil case. But at the last minute Doherty was notified that the nature of the hearing had changed. The hearing had become a decision as to whether to pursue an injunction or a committal hearing.

As a committal is a criminal not civil proceeding, Ms Doherty had just a day to obtain separate legal aid. And should the judge choose to pursue a committal hearing, the client would face time in prison.

Excellent result for vulnerable tenant

Ms Doherty’s last-minute aid application succeeded based on two key case merits.

  • The client had a potential defence under the 2010 Equality Act, which protects disabled people from unfair treatment.
  • The client was at risk of loss of liberty.

With legal aid obtained, the barrister working with Doherty, Mr Richard Granby, successfully negotiated with the claimant’s barrister to dismiss the committal case. This freed the client from the risk of loss of liberty.

At the hearing, the Judge directed Oliver Fisher to obtain medical evidence to prove the client’s disability. With this evidence, the Equality Act defence can be put forward at the injunction hearing in six weeks’ time.

Solicitor’s feedback

“Getting the committal dismissed was an excellent success for the client, as he could have lost his liberty” says Olivia Doherty.

“We now have the chance to fully prepare for the Injunction trial and with permission to obtain medical evidence, I’m confident that the client will be fairly represented. Given the time constraints we were under, I’m pleased the hearing had an extremely positive outcome.”

To find out more about how Oliver Fisher Solicitors could support you through a noise nuisance dispute, click here. To find out whether you are eligible for legal aid, click here.

Latest News

Another Sad Tale of a Farmer's Disinherited Children – High Court Ruling

24th November, 2023 By

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed, such stories are often reflected in the sad and recurring reality of agricultural inheritance disputes. When he died, a father was the beneficial owner of a 20 per cent stake in his family farm. He also held a 25 per cent share of a company that ran a market gardening business...

Family Judge Treads the Blurred Boundary Between Life and Death

21st November, 2023 By

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed, it sometimes falls to family judges to make the desperately hard decision as to when that line has been crossed. The case concerned a young man who fell to the ground after being assaulted in a pub garden, sustaining a catastrophic brain injury. He was admitted to hospital in a deep coma and, following weeks of observation...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

16th November, 2023 By

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A copy of a contract before the Court indicated that the woman, aged in her 80s, had signed a contract agreeing to the sale of her home for £840,000. Following a purported exchange of contracts, the purchaser, an investment company, launched proceedings against...

Sometimes Parental Love is Not Enough – Court Sanctions Boy's Adoption

13th November, 2023 By

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption. Due to concerns that he was not receiving a good enough standard of parenting, a local authority placed him in temporary foster care and sought care and placement orders. His parents, although separated, staunchly resisted plans for his adoption, arguing that his mother was able to look...