Taking Action Yourself: in a Magistrates’ Court
This section deals with taking action in a magistrates' court. It covers the 'statutory nuisance' procedure for arguing that noise amounts to an offence. Click here for advice on county court proceedings.
Help with bringing a case to a magistrates’ court
The FAQs section has information about organisations that may help you bring proceedings and fund your case. The case will go to your local magistrates’ court, and the clerk of the court will be able to help you with the formalities. If the court is persuaded that there is a noise nuisance, (see the FAQs page for a definition of noise nuisance, also see the case summary below) it will serve an abatement order and the person responsible will be fined if the noise does not stop.
If you spend money in bringing the proceedings (such as fees for solicitors), the court can order the person responsible for the noise to pay your expenses. But if you lose the case, you may have to pay the other party’s legal costs and other expenses.
You are legally required to give the person responsible for the noise at least three days’ notice of your intention to take your case to court. It is a good idea to send the notice by recorded delivery.