ABSTRACT
BETWEEN ROSE ANDREWS Plaintiff
and JAMES YOUNG Defendant
DEFENCE
1. Save that it is denied that the Defendant has caused or permitted excessive noise to come from Flat 3 into Flat 1 as alleged or at all, paragraphs 1 and 2 of the Particulars of Claim are admitted. The Defendant moved into Flat 3 on 21 June 1995. 2
2. No admissions are made as to the nature, cause and extent of the alleged or any annoyance, inconvenience and damage sustained by the Plaintiff as alleged in paragraph 3 of the Particulars of Claim. 3
3. It is admitted that the Plaintiff has asked the Defendant on no more than two occasions not to play music loudly, but it is denied that the said music was being played so loudly as to cause nuisance by noise to the Plaintiff. On each occasion, the Defendant complied with the Plaintiff’s request. It is further admitted that the Defendant received a letter dated 22 January 1996 sent by the Plaintiff. Save as aforesaid paragraph 4 of the Particulars of Claim is denied.4
