Section 108 case - neighbour noise nuisance

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DareToBeARose

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I am having ongoing noise nuisance issues from my next door neighbour. I have directly engaged with them and have spoken to the Gardai about this with no end in sight for the nuisance.

I am seriously considering bringing a Section 108 case against them for noise abatement.

I had been told that this is done through the District Courts. This would be Blanchardstown District Court for me. But when I called them, they told me that all civil cases go to the Four Courts. When I called them, I was given an email ID and a call centre number. I have sent the email and awaiting a response. When I tried to call the number it just rang out.

What is the procedure these days to do this? Anyone with recent experience, please advise.
 
It's a low level procedure. These issues are dealt with in the District Courts. Maybe there is a District Court located in the Four Courts.

Try contacting the environmental department of your local county council. Probably Fingal. They should know what District Court deals with Blanchardstown for section 108 cases
 
S class said:
It's a low level procedure. These issues are dealt with in the District Courts. Maybe there is a District Court located in the Four Courts.

Try contacting the environmental department of your local county council. Probably Fingal. They should know what District Court deals with Blanchardstown for section 108 cases
Click to expand...
Thanks @S class

How long ago was your action? Looks like things have changed.

I contacted the environment officer of the local Council which is SDCC. They gave me 3 options - speak to the Gardai, seek mediation or bring the Section 108 case. The Council get involved only if the dwellings involved are council-owned.

I have now received a response from the Four Courts. Please see attached.
 

Attachments

  • EPA Complaint - Noisy Neighbour section 108.doc
    32.5 KB · Views: 22
My case was about 20 years ago.
It's obviously changed since then.
You should start the process. You might get some success at the mediation stage. The threat of a court appearance if they don't come to an arrangement agreeable to you might get a solution
 
DareToBeARose said:
Looks like things have changed.
Click to expand...
This is not that much different to the situation 20 years ago.

It might actually be an improvement.
You go to the initial court date.
The judge asks both parties to negotiate.
This is probably a court service.
You have the advantage of having a mediator.
If you successfully come to a comprise, great.
If not the court hearing goes ahead.

This is probably to reduce the pressure on the court.

Small Claims are similar. Both parties are offered a court mediation service. If one of the parties doesn't agree to this or if it is unsuccessful then the case is heard in the District Court.

This procedure is also used with pensions and financial services ombudsman complaints. If one party doesn't agree to this or if it is unsuccessful the case is then dealt with by the ombudsman.
 
S class said:
This is not that much different to the situation 20 years ago.
Click to expand...
The procedure seems the same. But I want to know if the level of proof to be provided has changed.

I know in civil cases, I need to show a balance of probabilities that the noise nuisance happened. I have the noise nuisance log to submit in court. But is this sufficient these days?

My main worry is that if I bring the case and the judge dismisses it for lack of evidence, it will embolden the neighbours. My situation will become a lot worse.
 
You should check if the mediation is arranged by the court.
If the court arrange this as part of the 80 euro fee and provide the mediator, you could go as far as the mediation phase.
If this is successful, great.
If not, you could cancel the case and then gather more evidence to take a new case at a later date.
There is a good possibility that the neighbour might back off to avoid the hassle of a court hearing.
If the neighbour refuses to engage in mediation, you could gain an advantage as the judge will not be impressed.
 
S class said:
You should check if the mediation is arranged by the court.
If the court arrange this as part of the 80 euro fee and provide the mediator, you could go as far as the mediation phase.
If this is successful, great.
If not, you could cancel the case and then gather more evidence to take a new case at a later date.
There is a good possibility that the neighbour might back off to avoid the hassle of a court hearing.
If the neighbour refuses to engage in mediation, you could gain an advantage as the judge will not be impressed.
Click to expand...
Great advice, as always, @S class . I'll check with the court clerk about who arranges the mediation. Thank you.
 
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Above is the response received from the Civil cases office.

I had previously enquired with one mediation service. It costs €100 per party.

Would be money well spent if I can get certainty of peace and quiet, I suppose.
 
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