The long-running dispute between the owners and operators of a Suffolk motorsports stadium and a couple that bought a nearby property and complained of noise nuisance is returning to the Supreme Court for a third hearing.
Having last ruled on the case in February 2014, the court will now hear submissions on a cross-appeal by the landlords of the stadium and motocross track, as well as submissions to settle the form of order. The hearing is scheduled to begin on 9 February.
In previous rulings, the couple triumphed in their noise nuisance claim, in which they said they bought their Suffolk property unaware that it was roughly half a mile away from the stadium and track used for motorsports.
In its first decision in 2013, the Supreme Court held the stadium operators liable for nuisance, but in its second decision last year it dismissed a claim that the landlords should also be held responsible.
Katherine Lawrence and Raymond Shields – whose home at Fenland, Cooks Drove, West Row, near Mildenhall, is just 560 metres from the West Row stadium, home of the successful Fen Tigers speedway team – initially secured an injunction, but this was suspended in the second judgment as Fenland has been damaged by fire. The court ruled that the injunction should not take effect until the property is fit to be occupied.
Coventry and ors v Lawrence and anr Supreme Court (Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke, Lord Dyson, Lord Sumption, Lord Carnwath)