Partly Cloudy

Partly Cloudy

max temp: 5°C

min temp: 5°C

ESTD 1874 Search

Poll: Mildenhall Stadium debate - should people be able to complain about activities near their homes that were well-established before they moved in?

09:58 14 July 2014

 Mildenhall Stadium

Mildenhall Stadium

Archant

The owner of an under-threat Suffolk stadium has renewed calls for a change in the law despite a petition signed by more than 14,000 people falling on deaf ears.

shares

Mildenhall Stadium could be forced to close after it lost a long-running court case with residents Katherine Lawrence and Raymond Shields, leaving it facing a legal bill that could run to millions of pounds.

The couple moved close to the stadium in West Row in 2006, and began legal action two years later over the noise.

Ms Lawrence and Mr Shields won at the High Court in 2011, but then the Court of Appeal overturned this decision. However, the Supreme Court – the highest court in the land – ruled in favour of the couple.

Following outcry from across the world of speedway, a petition was launched calling for a change in the law so no one could start such proceedings in situations where they had “came to the nuisance”, meaning the practice was already well-established.

To date, the petition has received 14,288 signatures and prompted a response from the Ministry of Justice (MoJ), which said it had no intention of changing the law.

Owner Dave Coventry said: “They recognised it by saying the judicial system can’t be changed, and yet I look at parliament and they’re continuously changing laws.

“If I had a pound for every person whose told me what we’re saying is common sense, I’d be able to pay the legal bills and have a couple of weeks in the Bahamas.”

The Supreme Court is yet to decide on costs in the case, but Mr Coventry – who has been told the figure could be around £1.6million – said he hoped to know before the Supreme Court breaks at the end of July.

The MoJ’s answer said: “Since the late 1800s, it has become well established in case law that once it is established that a particular act amounts to a nuisance, it cannot be justified on the basis that the complainant ‘came to the nuisance’.

“In other words, legal proceedings can be taken in relation to issues that can constitute a nuisance, regardless of whether those circumstances arose before the complainant became the occupier of the affected premises.”

shares

0 comments

Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files
Comments

Please log in to leave a comment and share your views with other East Anglian Daily Times visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by East Anglian Daily Times staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique East Anglian Daily Times account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

The remains of a Roman Monumental Arcade, which
formed part of the gateway to Claudius Temple, has been discovered.

Experts have come across the ruins of a 120-metre-long arcade, which provided a frontage to the Temple of Claudius, in Colchester.

A man has died following a collision on the A12 southbound near Chelmsford this morning.

New homes on the edge of Woodbridge could have a 'major impact' on the town's riverscape.

Proposals for 215 new homes on the edge of the town will have a “major impact” on the its historic riverscape, claim objectors.

Suffolk County Council deputy leader Christopher Hudson.

Suffolk County Council deputy leader Christopher Hudson has denied allegations made against him when asked by party bosses.

The view from the top of Southwold High Street

One of Suffolk’s most popular holiday destinations is set to lose its tourist information centre before the summer season.

The victims lived in Park North, off Westerfield Road

An elderly woman woke at night to find two burglars in her bedroom, a court has heard.

The BP garage on the A134 in Sudbury has been ram raided in the early hours. Reports suggest the ATM has been removed.

A cash machine has been stolen in a ram raid at a petrol station in Sudbury in the early hours of this morning.

Most read

Fred Olsen Travel Sale

cover

Click here to view
the Fred Olsen
Travel Sale

View

Most commented

HOT JOBS

Show Job Lists

Topic pages

Streetlife

Great British Life

Great British Life
MyDate24 MyPhotos24