Can I use the Small Claims Court for this?

[RogerNE]

I have won all 8 cases in the Small Claims Courts (Fastrack/Money Claim), 2 acting for myself, and the rest representing other people. Two of them I won against Car Insurance companies where they had a Solicitor!

But I have an unusual situation where I am wondering if I can file a Claim using this system, so would appreciate professional advice.

I am a Licensed Radio Amateur, and a big problem we Hams face these days is getting bad electrical interference from bad power supplies, either in equipment, or external ones, including chargers. All equipment sold in the UK (well EU too) have to be Compliant, ie NOT radiate interference, or else they are illegal. The problem is that so much cheap stuff from China is NOT Compliant.

Sometimes I have tracked down sources of local interference myself, and neighbours have co-operated in getting rid of the offending equipment (sometimes I have given them a new Charger etc). Over the past few years I have also got the communications regulator - OFCOM - involved to track down sources of interference, which they have successfully done, and confiscated the offending equipment. (The first thing they do when finding the house involved is get them to turn off the Mains at the fusebox, to prove it's something in that property - then they go round the house with a radio receiver to find the bad item).

However, I have had a bad interference noise for the past few weeks which OFCOM have found the source of . . . however, the occupants of this house (just up the street from me) are refusing to let the OFCOM engineers in to do a test.(they have been there 3 times now). In theory they CAN go to Court to get a Warrant . . . and if it was serious that I was being affected (like if I was an Ambulance station or similar) they WOULD . . . but because I am a Radio Amateur, they feel the Magistrate might not issue a Warrant, so they won't go to Court.

So I am thinking of bringing a Small Claims action against them myself. Can I apply for General Compensatory Damages, as this is causing me Loss of Enjoyment of Life, ie this is my main hobby, and have obviously invested money in all my equipment and antennas. Would such a Claim be accepted? How do I come up with a figure to claim for?

Of course, what I REALLY want to do is get them to allow me in to identify the illegal equipment radiating the interference/noise . . . would a Judge order them to do this, even though I am bringing a financial claim? (are there similar cases, like if someone puts up a large fence, so someone sues for compensation, but will withdraw the claim if they take it down)

Any advice would be greatly appreciated !

Roger

[atticus]

I am struggling to see a ground on which you can bring civil action. The 1997 House of Lords case Hunter v Canary Wharf held that interference with a television signal is not an actionable nuisance.

You probably need to persuade a regulator to deploy its powers.

[R0b]

Hello

The starting point in civil claims that you need to know is that the courts do not recognise every type of dispute as a right of action to bring a claim - they take an incremental approach to applying new types of civil actions. So that being said, it leads me on to my next point in that you cannot generally bring a civil action for a criminal matter unless the law recognises that a civil action can be brought. For example, harassment is both a criminal offence and is recognised as a civil claim.

Admittedly, I have no idea about laws related to radio licensing, electrical interferences and that kind of stuff but we may be able to give you some pointers or guidance if you could tell us the relevant legislation that the household is subject to and you are relying on. Depending on what the legislation says, you may be able to bring a private prosecution directly against the household unless those rights are reserved specifically for OFCOM.

Once we understand the relevant legislation, we may be able to tell you whether or not there is an equivalent civil action you could bring against them.

[RogerNE]

Regarding "The 1997 House of Lords case Hunter v Canary Wharf held that interference with a television signal is not an actionable nuisance." The difference is that it was a new Structure in the way, reducing the TV signal. Whereas in my case, it is a non-compliant piece of electrical equipment that is actually radiating interference, which is illegal.

Yes it would be great if the Regulator - OFCOM - would take Court action, but they won't in this case. I HAVE asked them if they would supply written details of their findings, as I'm sure this would carry weight in my Court action.

Finding actual details of Legislation regarding radiating radio interference, this may be difficult ! But my experience of the Small Claims Court (where the idea is that you bring actions WITHOUT professional legal representation) is that they don't expect you to have such detailed information (as a Solicitor would).

It's really whether you think the Fast Track (Small Claims) system would accept this kind of case, ie where I am asking for General Compensatory Damages due to Loss of Enjoyment of Life?

[atticus]

Hunter v Canary Wharf makes it clear that - howsoever caused - interference with a tv signal is not an actionable nuisance. Of course, if you think that you can distinguish your case from that very detailed decision of Lord Hoffmann, then I wish you luck.

To be awarded any form of compensation, you need first of all to succeed in a claim based on a cause of action recognised by the law.

[RogerNE]

I have read the Hunter v Canary Wharf judgement, and that says that erecting any structure that happens to interfere with ANY signal, whether TV, Radio or even light is not actionable. (and it's not actually interfering, it is merely restricting the signal)

But my situation is completely different. This is faulty equipment that is radiating an interfering signal - that in inself is illegal, as per various legislation.

What I am asking is whether I can bring a claim for General Compensatory Damages due to Loss of Enjoyment of Life using the Fast Track (Small Claims) system. (as there is no way I can afford professional representation)

[atticus]

Fast Track and Small Claims Track are different tracks in the County Court.

You may of course bring your claim. But if you wish to have a hope of winning it then as R0b and I have both said, you need to be able to show that you have a good legal basis for your claim. What you may not realise about your previous experience is that the judges will have known and understood your cause of action.

[des8]

Have you asked the RSGB for advice? This must have occurred in the past.

My late FiL was a ham (G5BB) and had the opposite problem in that he sometimes interfered with neighbour's TV reception

The relevant legislation is The Wireless Telegraphy (Control of Interference From Radio=Frequency Heating Apparatus) Regulations 1971 (https://www.legislation.gov.uk/uksi/1971/1675/made)

Unfortunately I do not think this will give you a cause of action as it states "Non-compliance with the limits is not an offence, but is a ground on which the Minister of Posts and Telecommunications may serve an enforcement notice under section 11 of the Wireless Telegraphy Act 1949."

[RogerNE]

Sadly the RSGB are a waste of time these days (plus I'm not a member, so they wouldn't offere advice anyway)

OFCOM were very helpful in finding other sources of interference I have suffered from . . . the problem is that - unlike the other people - these homeowners would not allow them to enter the property (even though they pointed out that the offending piece of equipment might well be likely to catch fire!)

I found the Radio Frequency Interference from Heating Apparatus legislation, which isn't quite applicable, but similar . . . the later legislation is the Wireless Telegraphy Act 2006 . . . that points out that equipment radiating radio interference is illegal . . . but it is mainly talking about the powers that OFCOM have to obtain entry and confiscate such equipment.

But given that it is illegal for any device to radiate radio interference, surely I can bring a Civil claim? (I appreciate that I would have to call expert witnesses to explain all this to a Judge, but I have people I could use)

If I was successful, it would certainly set a precedent for other licensed Radio Amateurs to bring similar cases !

[des8]

You can but try!

Possibly apply for a court injunction ordering the offender to cease ?

[atticus]

At the moment the OP has three problems.

1. Identifying the source of the interference to a standard that will stand up in court.

2. Proving that the interference is being caused by something unlawful. He has referred to previous problems being resolved by something like a new charger.

3. Identifying a cause of action.

[R0b]

Inclined to agree with Atticus on this. Whilst the hunter case was about a signal interference caused by the erection of a building, the principle decided by the judges was that nuisance is limited to interference with someone's right to enjoy their land. The recent Supreme Court Tate Gallery case also considered the history of the tort of nuisance in its judgment and several references were made to the Hunter case.

In short, the Supreme Court re-affirmed the Hunter decision in that the nuisance protects your rights to enjoy the land and not to diminish its value. Nuisance is not however, concerned with personal discomforts to those who occupy it.

At a basic level, nuisance caused by interference has to emanate from the land occupied by the defendant and whilst your right that the occupiers may be using a device (legal or otherwise) which is causing interference to your enjoyment as an amateur radio (host?), the interference doesn't seem to be preventing you from enjoying your land. Rather, the interference is related to your recreational activities which is not the same thing.

To answer your question, anyone can issue a claim so there is nothing from stopping you doing that, but you need to have a legal basis as we have already explained and if you don't, your claim will fail. If your claim is considered vexatious or having no grounds for bringing a claim in the first place, you could be subject to costs from the other side.

You would have to prove to the court that the interference has affected the value of your land/property rather than mere annoyances preventing you from doing amateur radio and I think that's where you will fail in your claim. Alternatively, you will have to persuade the court that this kind of claim is a valid one which, in a county court situation, will be a very big hill to climb.

Let's assume you win your claim for loss of enjoyment the kind of compensation will be limited to (the lower end of) hundreds of pounds. There is plenty of case law that confirms the level of compensation for loss of enjoyment is not significant and may not be worth bringing the claim in the first place. An injunction would be a more appropriate sanction to prevent them from continuing the interference but a court is never going to grant that unless you can identify the offending item(s).

[RogerNE]

Firstly, I would like to thank everyone who has taken the time to reply and offer advice/opinion.

Yes, I figured that I would only sue for around £300 for Loss of Enjoyment . . . but the hope is that would persuade the defendant to allow me to suss out the offending equipment in his house, rather than have to pay that! (which is what I really want). I would have thought the Judge would suggest that to the other party, that if he allows me to remove the problem, he wouldn't have to pay the award. (I know from my experience in Court that Judges are all in favour of amicable settlements).

In terms of proving my case, you are not allowed to radiate any kind of strong wireless signal unless you have a licence. There are exceptions for certain low power UHF devices, including Wi-Fi and Blutooth, but these are on specific frequencies. The interference coming from this house is a wideband hash from around 50kHz up to 20Mhz - it's probably caused by internal mains arcing inside a power supply, so acting like a Spark Transmitter (which were banned 100 years ago).

I could easily call several witnesses (with technical qualifications/experience) who could give evidence as to how strong the interference signal is right outside their house, as well as how strong it is at my premesis. (it's obviously very much stronger outside their house, despite only being 300 feet away). Maybe OFCOM will send me a written report of their findings, identifying it as coming from that house - not had a reply to my request yet - that would be really good additional evidence.

And in terms of costs from the other party - the whole point of the UK's Fastrack system is that costs are not awarded to either party, win or lose. (as it's intended for parties to act in person)

[atticus]

And in terms of costs from the other party - the whole point of the UK's Fastrack system is that costs are not awarded to either party, win or lose. (as it's intended for parties to act in person)

AHEM!

What the OP has said applies only to claims allocated to the Small Claims Track.


If the case is allocated to the Fast Track, there is a risk of being ordered to pay the other party's legal costs.

[RogerNE]

I wasn't aware that there were TWO different Tracks these days? (I thought there was just the one Money Claims Fast Track system, for claims under £10,000)

Certainly all the cases I have brought so far have been where you CAN'T ask for any Costs.