Sussex businessman Graham Farley has asked the House of Lords for leave to challenge a Court of Appeal ruling that he could not claim damages from a surveyor who failed to warn him of aircraft noise at a country retreat he bought 15 miles from Gatwick Airport.
In May 1999 the High Court awarded Mr Farley £10,750 after finding that surveyor Michael Skinner failed to carry out express instructions to warn of any aircraft noise at the £420,000 property at Blackboys, near Uckfield, East Sussex. Although the judge found that there was no diminution in the value of the property, he held that Farley should be compensated for distress and inconvenience caused by the noise, described by the businessman as “a confounded nuisance”.
The appeal court set that award aside in April this year, ruling that the evidence did not support a finding that Mr Farley had suffered physical discomfort and inconvenience. Giving judgment, Stuart-Smith LJ said the law did not give compensation for distress, frustration, anxiety, displeasure, vexation or aggravation.
The ruling left Farley with no compensation and a legal costs bill of around £100,000.
Now Farley seeks to challenge the appeal courts decision in the House of Lords. His application for leave to appeal is currently on hold until a 23 October deadline fixed to give Skinner an opportunity to lodge objections.
PLS News 19/10/00
