Nationwide operated a scrap metal yard close to residential property owned by Thornhill. The previous occupants of the yard had settled a claim by Thornhill in respect of noise nuisance arising from activities at the yard. Thornhill raised complaints regarding the noise. Nationwide sought to reach agreement to minimising noise levels, but was unsuccessful and Thornhill issued proceedings seeking an interim injunction to prevent noisy activities in the yard.
At the hearing the judge accepted Nationwide’s undertaking to limit the periods and volume of noisy activities. He further ordered that Thornhill should pay 80% of Nationwide’s costs to reflect his disapproval of the fact that Thornhill had issued proceedings without following the Pre-Action Protocol.