The Court hearing
When the time comes for the hearing, you and any witnesses will have to attend Court to give evidence. The person alleged to be responsible (or defendant) will probably come to defend themselves.
As a result, you must be prepared for counter accusations being made.
You may be questioned under oath, so it is up to you if you decide to present your case:
- yourself, or,
- obtain the services of a solicitor
If you are going to present your own case, the Clerk of the Courts may give you limited guidance. Alternatively, you can contact your local Citizen’s Advice Bureau who may be able to assist.
The Court's responsibility is to strike a balance between the:
- right of the defendant to use their property for their own enjoyment and,
- your right to undisturbed enjoyment of your premises
It is normally the Magistrate's attitude that everyone must put up with a certain amount of discomfort and annoyance from the everyday activities and events of their neighbours.
Therefore, the Magistrates will consider how reasonable the actions of the defendant are.
If the Court is satisfied that the defendant has caused a nuisance, they will make a Court Order requiring the nuisance to stop or prohibit its reoccurrence.
The Court may also require actions or 'works' to help stop or 'abate' the nuisance.
If the Court Order is not complied with, the Court can:
- impose an unlimited fine on the defendant and,
- a further penalty of up to one tenth of the fine imposed on each subsequent day the defendant was proved to be in breach of the order