Noise Nuisance Damages: Barking Dog
Dogs’ barking, whether intermittently or constantly, is a nuisance that the courts often recognise can be harmful to the quiet and peaceful enjoyment of one’s property, or which can cause stress, anxiety and mental health conditions.
Below, we have digested some cases which illustrate the nature and degree of dog barking that has led to damages being awarded. We also set out the level of damages that have been awarded. Note that the damages awarded would need to be uplifted for cases being currently heard, in accordance with the retail price index increases over time. These cases are for illustration purposes only. Each case turns on its own facts and not all claims and defences will be successful. See our article on bringing a noise nuisance claim: Noise Nuisance: Legal Remedies
Civil Claim – Injunctive Relief and Damages
Lloyd v Symonds & Ors Respondent  EWCA Civ 511 – An application to vary an injunction, and for an increase in damages. Noise from a large number of dogs. Compensation £3,000.00 (March 1998). RPI adjustment for June 2022 would be in the region of £6,200.00 – n.b. damages are discretionary and based on a number of variables.
Noise Abatement Notices
Godfrey v Conwy County Borough Council  EWHC Admin 443 – Analysis of Statutory Nuisance requirements and validity of the notice. (November 2000)
Length of Nuisance; Damages in Lieu
Coventry & Ors v Lawrence & Anor (No 2)  UKSC 46 – an individual or organisation might acquire over a period of 20 years if the nuisance has occurred throughout that time and can be evidenced. Planning permission is not determinative but may have some bearing. Damages in lieu could be awarded instead of an injunction. The past case of Shelfer v City of London Electric Lighting  1 Ch 287 was probably wrongly decided. (July 2014)
If you are fed up with dog barking noise that has become a nuisance and you wish to do something about it, or, if you are facing complaints about noise and are being threatened with legal action, contact Barristers.London without obligation and in strict confidence to discuss our legal advice and representation services. Our fees are competitve.
Go to our Noise Nuisance: Legal Remedies Page