A substantial basement was being built to the rear of the property. Complaints were received from a celebrity local resident regarding the noise from the construction activity. Cole Jarman were appointed by the developer to advise on noise mitigation and to undertake noise monitoring, as well as to review the other acoustic consultants assessments and prepare evidence for a potential claim. The claim was made and an out of court settlement agreed. However, costs were not agreed. Considering the claim (Dr Brian May v Wavell) the judge noted Defence Counsel’s submission that “A regime of noise reducing methods has been implemented which inevitably restricted the potential value of the claim”. The costs claim for £208,236 was initially reduced to £35,000 (+VAT), subsequently increased to £75,000 (+VAT) on appeal.