The Mudcat Café TM
Thread #113450   Message #2413227
Posted By: Richard Bridge
14-Aug-08 - 02:35 AM
Thread Name: UK Petition worth signing
Subject: RE: UK Petition worth signing
Most likely nuisances can be and are habitually concealed by vendors. As Don points out, some church towers are silent. So the vendor never accepts purchaser appointemnts during ringing hours, and if asked orally says "oh, no, I've never heard them ring for years" - and if he gets sued, denies he ever said it.

The idea that it is an acceptable risk that a pub might change owner or policy so it's ok is just silly. THe house next door might change owner or policy, or the teenage son might start practising in the garage with a metal band. Same principle.

THe existing law is right on this one.

However, there is quite some chance that church bells might not be actionable nuisance. One of the factors taken into account is the benefit to the community of the activity - see some of Lord Denning's judgments about cricket (which he quite approved of).