Nuisance

first_img The claimant and the defendant companies occupied adjacent units at an industrial estate. The units were separated by a porous breezeblock party wall which had insufficient sealed gaps in it. The claimant, who manufactured parts for mobile phones, complained of strong and pervasive smells variously emanating from the defendant’s block causing harm to the health of some of the claimant’s employees and a nuisance to its premises. The claimant brought a claim in nuisance for an injunction and damages based on the escape of noxious odours from commercial premises occupied by the defendant. The judge dismissed the claim. Drawing on an analogy from a ‘noisy neighbour’ nuisance case (Southwark v Mills [1999] 4 All ER 449), in which it was held that the ordinary, normal and reasonable use of residential premises by its occupier, without more, was not in itself a nuisance to the neighbours, he found that the character of the neighbourhood was that of a light industrial estate. The odours reaching the claimant’s premises did not amount to a nuisance on a light industrial estate, as the degree of interference with the claimant’s business and with the comfort of its employees was insufficient. An occupier of a unit on a light industrial estate had to expect the possibility of disagreeable smells. There was nothing unreasonable in the defendant’s use of its premises. It carried out normal operations which where not out of place on a light industrial estate. Reasonable user by an occupier of industrial premises on an industrial estate could not become a nuisance because of inadequacies in the party wall dividing its premises from its neighbour for which it was not responsible. In the circumstances, those inadequacies could have been cured from either side. The claimant appealed. The grounds of appeal were, inter alia, that the judge: (i) was wrong to hold that the defendant’s use of the unit was reasonable given the porous state of the party wall between the two units; (ii) had wrongly drawn and analogy from ‘noisy neighbour’ nuisance case; (iii) had relied too heavily on his characterisation of the area as a light industrial estate, without looking into the nature and construction of the various individual units. The appeal would be dismissed: In the instant case, the findings of fact which the judge had made had been open to him. He had made no misdirection of law, the legal principles being common ground at the trial. The judge had been correct in his understanding of the Southwark case and had not made any false analogy from that case. The judge had been entitled to attach significance to the location of the premises and the character of the industrial estate. The light industrial character of that estate covered the defendant’s food additive manufacturing, which was permitted on both planning grounds and by the user covenant in its lease. Further, there were no grounds on which the appeal court would be entitled to second guess the judge’s findings about the strength and effects of the smell (see [38], [40], [41] of the judgment). Southwark London Borough Council v Mills, Baxter v Camden London Borough Council (No 2) [1999] 4 All ER 449 approved. Decision of Nicholas Strauss QC [2010] All ER (D) 198 (Oct) affirmed. Smell – Injury to health – Smell emanating from defendant’s industrial unit Hirose Electrical UK Ltd v Peak Ingredients Ltd: Court of Appeal, Civil Division (Lords Justice Mummery, Munby, Mr Justice Hedley): 11 August 2011 David Holland QC (instructed by Rochman Landau LLP) for the claimant. Richard Harwood (instructed by Kennedys LLP) for the defendant.last_img read more

Mammoet strengthens Ukraine presence

first_imgThe branch has 160-tonne, 250-tonne, and 600-tonne lifting capacity cranes; SPMTs; JS500 jacking systems; and 200-tonne capacity climbing jacks with auxiliary equipment.Mammoet has been providing heavy transport engineering and rigging services in the country since 2011, spanning the petrochemicals, civil, maritime, metals, nuclear and renewable energy sectors.One of its most significant projects in Ukraine was the installation of the New Safe Confinement structure at the Chernobyl nuclear power plant.Ruslan Syrbu, general manager of the Ukraine branch, said: “We can now store and test equipment locally, offering faster mobilisation for our services that can be optimised to local needs.”www.mammoet.comlast_img read more

Doubling contract

first_imgSOUTHERN FLORIDA’s Tri-County Commuter Rail Authority has awarded a $231·6m contract for further double-tracking work on the Miami – Fort Lauderdale – West Palm Beach corridor. Segment 5 of the operator’s upgrading programme was awarded to Tri-County Rail Constructors on August 24. The group is a joint venture of Herzog Contracting Corp, Granite Construction and The Washington Group.The design-and-build contract involves doubling 74route-km between West Palm Beach and Fort Lauderdale, shared with CSX freight trains and Amtrak inter-city services. Eight stations will be refurbished, another totally rebuilt, and a new station constructed. Signalling will be upgraded, bridges and level crossings improved, and a new passenger information system provided.last_img read more

Switzerland to fund Italian gauge enhancement

first_imgEUROPE: An agreement for Switzerland to fund gauge enhancement works to provide clearance for 4 m high semitrailer traffic from freight terminals in northern Italy to the Swiss border was signed by the two countries’ transport ministers on January 28.Switzerland is aiming to encourage road freight to switch to rail on the trans-Alpine corridor running through the future Ceneri and Gotthard base tunnels to Basel. Completion is envisaged for 2020. As this project would be of more benefit to Switzerland than Italy, the Swiss government has agreed to provide Italian infrastructure manager RFI with €120m for works on the line through Luino, while Italy will provide €40m for the Milano – Chiasso route. The investment was welcomed by intermodal transport operator Hupac, which said increasing clearances to its Busto Arsizio terminal near Milano would improve productivity, reduce costs and strengthen the competiveness of rail. The Swiss and Italian safety authorities have signed an agreement to increase cross-acceptance of rolling stock approvals. Switzerland has similar agreements in place with France, Germany, Austria, Spain, Belgium, Luxembourg and the Netherlands.last_img read more

Egypt to provide Hepatitis C testing, treatment for 14 African countries

first_imgEast African Countries form a Defense Pact Italy proposes asylum centers in African countries An Egyptian medical staffer takes oral samples from a labourer undergoing examination for Hepatitis C, at the construction site of Egypt’s new “administrative capital”, some 40 kms east of Cairo on August 3, 2017.Egypt has the highest prevalence of Hepatitis C infections in the world, an epidemic that started with a government program for mass vaccinations with unsterilised syringes in the 1950s, with seven percent of Egyptians between the ages of 15 and 59 having an active infection according to the country’s 2015 Demographics and Health Surveys. / AFP PHOTO / KHALED DESOUKI (Photo credit should read KHALED DESOUKI/AFP/Getty Images) FILE PHOTO: Egyptian labourers line up for an examination check-up for Hepatitis C, at a construction site in Egypt’s new “administrative capital”, some 40 kms east of Cairo (Photo credit KHALED DESOUKI/AFP/Getty Images)Egypt’s Minister of Health and Population Dr Hala Zaid announced that Egypt will be providing Hepatitis C testing and treatment for 14 African countries which have a high Hepatitis burden.The campaign will be implemented with the support of the World Health Organization and is expected to reach at least one million people.The 14 countries are Burundi, Chad, the Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Kenya, Mali, Somalia, South Sudan, Sudan, Tanzania and Uganda.“Egypt has pledged to provide technical support, expertise and screening software, as well as free treatment for one million of our African sisters and brothers with hepatitis C for 3 months as part of our role on the continent. We are following the WHO screening and treatment guidelines,” Dr Zaid said during the opening of the African Hepatitis Summit 2019 in Kampala, Uganda.The WHO Regional Director for Africa Matshidiso Moeti welcomed Egypt’s support noting that viral hepatitis C was an increasing health challenge in the region.The WHO says Egypt has one of the world’s largest Hepatitis C epidemics with almost 40,000 people dying annually of liver failure and liver cancers associated with the disease.There is no vaccine for Hepatitis C. The WHO says prevention of infection with Hepatitis C virus infection depends upon reducing the risk of exposure to the virus in health-care settings and in higher risk populationsThe WHO estimates that more than 200,000 people in the WHO African Region die annually from complications of viral Hepatitis B- and Hepatitis C-related liver disease, including cirrhosis and liver cancer.The WHO says that more than 10 million people in the region are infected with Hepatitis C, with the most probable cause being unsafe injection practices within health facilities or communities.Relatedcenter_img Uganda hosts inaugural African Hepatitis Summitlast_img read more

DSS Says Early Retirers Cause Losses

first_img 120 Views   no discussions Share Tweet Sharing is caring! Sharecenter_img BusinessLifestyleLocalNews DSS Says Early Retirers Cause Losses by: – February 4, 2020 More and more people are choosing to receive their pensions early according to Dominica Social Security.Deputy Director, Augustus Etienne was speaking on Vibes Radio recently when he explained that the pension fund of the social security system wasn’t designed for early checkouts; that means a loss for the fund.“This is not allowing the system to see the impact of the savings that that provision was meant for,” he said.“If people apply for the pension early, it means they’re not making additional contributions; the system has to pay them out earlier and longer and that is a challenge.”Etienne says, “It would be better for everybody concerned if people stayed in the workforce longer and make additional contributions because every year that you contribute, you get 1% added to your pension. If somebody works for an additional 6 years from age 60 to 65, that’s 5% added to their pension.”He revealed that contributors are also opting to accept a major loss with the decision to cash out early.“When they claim it earlier than it is due to them, they will receive it for longer than they should have rightfully received it.”The rate for that, he says, is 6% per annum.“If you take it a year early, you’re giving up 6% of your pension for the rest of your life.”The only increase applied would be inflationary every 3 years. Sharelast_img read more

The Bee’s Rally Late To Sting Mentor

first_img Vince McKee MENTOR, Ohio – Medina traveled to Mentor Tuesday evening to defeat the Mentor Cardinals 6 – 2 in a thrilling come from behind victory. Robbie Hansen had a clutch pinch hit to give the Bee’s of Medina a 3-2 lead late in the sixth inning after the Bee’s had been trailing most of the game.Medina was down 2-0 and hit less after 5 innings before finally warming up the bats to score three in the sixth inning and then three more in the seventh to come away with the win. Pitcher John Kalucis struck out eight batters in a masterful performance. He only gave up one earned run as he improved his record to 2-0 with the complete game victory. The Bee’s have now won three in a row. They were supposed to open their home schedule last evening but it was rained / snowed out. Both of their proposed home openers this season have now been postponed, but they are making the most of their time on the road winning 5 of 7 games to start the season 5 – 2, including two this past weekend in Columbus. They will attempt the home opener one more time Wednesday afternoon as once again Shaker Heights comes to Medina to try and kick off the home campaign of the Bee’s. Once the home opener takes place, Medina will be right back on the road as they travel to Wadsworth April 8 and Strongsville April 11. At 5 – 2, the Bee’s have already put the rest of the conference on notice, as they are a team to watch this season!You can contact Vince McKee at VinceTheAuthor on Twitter. Related TopicsHigh School BaseballMedinaMentorShakerStrongsvillelast_img read more

Pedestrian Safety Threatened During Halloween

first_imgFacebookTwitterEmailPrintFriendly分享According to the Center for Disease Control and Prevention children are four times more likely to be involved in a fatal vehicle pedestrian accident during Halloween than any other night of the year. Kenai Fire Marshall Tommy Carver… Other safety tips for parents and children out trick-or-treating is carrying flashlights or affixing reflective measures onto outerwear and costumes.center_img Carver: “As far as just overall safety goes we just like for people driving their kids around, especially on the colder nights to really watch out for kids because they are darting in and out of traffic and that sort of thing so we’re just trying to encourage people to be extra careful out there.”last_img read more

Save On Natural Gas Bills This Winter

first_imgFacebookTwitterEmailPrintFriendly分享With Alaska’s long cold winters, shortcuts for energy conservation can add up on savings. Some of ENSTAR’s other tips:Install programmable thermostats that lower the home’s temperature when you’re away during the day. Set it at 65 to 70 degrees during the winter, and 60 degrees when you’re away for more than a few hours. When you leave on vacation, turn down the thermostat as well.Check the insulation levels in the house. It may be possible to add insulation to the attic, walls and floors.Keep your fireplace flue closed when the fireplace is not in use, and install glass doors on the front of the fireplace to keep room heat from going up the chimney.Turn down your water heater’s operating temperature to 129 degrees or less.Change out furnace filters each month, especially if you have pets, and make sure furnaces and water heaters are properly ventilated with no blockage. Sims: “There are a bunch of little things that you can do as a homeowner, and things that I’ve done myself, if you go around to your windows and find any areas where there’s some cold air, especially in the mornings now we’re starting to drop a little bit colder, below freezing but you can go around to the windows and feel if there’s any air leakage and just put some caulk in there.”center_img We spoke with ENSTAR’s John Sims…last_img read more

Cooper Landing Community Club Sent “Thank You” Letters To Teams Assigned To The Swan Lake Fire

first_imgFirefighters will continue to monitor the Swan Lake Fire as portions of the interior continue to hold heat in deep duff layers. Smoke may be visible at times throughout the winter, and the fire may resurface next spring or summer. Cooper Landing was one of the communities that firefighters helped to protect during the fire. The Cooper Landing Community Club sent out a total of 61 “Thank You” letters that were accompanied with four pages of handwritten messages from community members.The letter read in part: “Words are not enough to express the gratitude and appreciation we have for those who battled the front lines and all the individuals behind the scenes, who helped in saving our beloved community. We were blessed to have every one of you on hand to suppress this fire and prepare our local first responders, businesses and residents for evacuation. Thankfully we did not have to go any further! Please share this letter and the notes from our locals with all those who had such an impact on our little town in the summer of 2019.” FacebookTwitterEmailPrintFriendly分享To show their appreciation for firefighters who worked on the 167,164-acre Swan Lake Fire last summer, the Cooper Landing Community Club recently sent “Thank You” letters to all the crews and incident management teams that were assigned to the fire, which burned for the better part of four months and turned out to be the longest-staffed wildfire in Alaska history.center_img The Swan Lake Fire which began on June 5 by a lighting strike. The wildfire reached the size equivalent to 261 square miles, with a suppression cost of nearly $49 million dollars and swept through the Kenai National Wildlife Refuge. On October 2, management of the 167,164 acre Swan Lake Fire transitioned to a Type 4 fire management organization from Division of Forestry. Containment of the fire increased to 90 percent, where it currently remains.last_img read more