You just don't understand the law on this.... and neither did the CLAIMANTS!
They (stupidly) claimed the damages because they didnh't KNOW the track was there! That's a TOTAL '****-up' by their lawyer!
They did NOT need to cliam 'lack of knowledge' as they ARE protected by the BIZARRE laws that take ZERO interest in 'prior knowledge'. The 'offence' is NOT that the noise is a 'surprise'.... the 'offence' is that the noise level is above an arbitrarily set limit.... of which the noise maker has ZERO RIGHT to be TOLD the limit!
How do I know this?
Because, as a trustee of a village hall which has been in use since 1590, I am STILL under threat of CRIMINAL proceedings if I allow users of this hall to breach the 'arbitrary limit'.... the exact value of that limit I am not allowed to be told! Nobody in our village has been alive since before 1590 (not even ME) and thus there cannot be a SOUL who lives in the vilage who DOESN'T know it's a village hall before they MOVE here!
Ian
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