Pair win Mildenhall speedway stadium noise case

Mildenhall Fen Tigers The stadium was built in 1975 on a former potato field and hosts speedway, car racing and greyhound sports events

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A couple battling for compensation over noise from a speedway stadium have won the right to apply for an injunction.

Katherine Lawrence and Raymond Shields said they were unaware of noise from Mildenhall Stadium, Suffolk, when they bought a house in West Row in 2006.

The house has been demolished after an accidental fire in June 2010.

The Supreme Court ruled the stadium noise was a "nuisance" and the couple could apply for an injunction to restrict it once the house was rebuilt.

The couple's home was flooded with oil in May 2010 and it was later gutted by fire.

They had already won £20,000 compensation from the stadium's owners over noise but this was quashed by the Court of Appeal.

A new appeal against this judgement was made to the Supreme Court in November and five law lords, in a unanimous decision, said on Wednesday the couple would now be entitled to an injunction restricting stadium activities once their home was rebuilt.

Cloud over stadium

The couple claimed they had no idea, when they bought the house, they were moving less than a third of a mile (560m) away from the noisy stadium.

Lord Neuberger said the stadium's owners believed they were immune from proceedings as activities had continued for more than 20 years.

He said the evidence presented "fell well short" of establishing this fact and the couple's home had been established as a residence for longer.

"The appellants used their property, Fenland, as a residence, which was the same purpose to which it had been put ever since before the activities currently carried on at the stadium and the track had started," the law lords ruled.

Mildenhall Speedway Club chairman Kevin Jolly said: "This is obviously a big disappointment as we had hoped the judgement would bring an end to this matter and remove a cloud that has been hanging over the stadium since before we took over.

"It now remains an ongoing case that will now go through the courts once again."

He said fixtures at the stadium would continue "as normal".

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