Britwell Salome Cricket Club 'banned from hitting sixes after neighbour's complaint'

Club chairman Nigel Joyner says the resident who complained was made aware of the close proximity of the wicket when she bought the house		Picture: OX66921 Simon Williams

Club chairman Nigel Joyner says the resident who complained was made aware of the close proximity of the wicket when she bought the house Picture: OX66921 Simon Williams Buy this photo

First published in News Herald Series: Photograph of the Author by , Council Reporter, also covering Oxford city centre. Call me on 01865 425429

VILLAGE cricketers have been left stumped after being told they cannot score a six from one end of their ground, because they say a neighbour has threatened legal action.

For more than 30 years, village players at Britwell Salome Cricket Club have been using willow to wallop the ball over the boundary at its ground for maximum runs.

But this season the club has had to introduce a rule that even if a batsman hits a six from one end, it will not count.

Instead the umpire will declare a dead ball.

The club, which is more than 85 years old and has been playing at its current ground for more than 30 years, has said it received a letter from a law firm on behalf of a woman who lives next to the ground, who is fed up with cricket balls coming into her garden.

Nigel Joyner, the chairman of the club, said the lady had moved into the house in the village near Wallingford around five years ago.

He said: “I got a letter from a firm of solicitors in Oxford telling me that I had to comply with some rules otherwise she would seek an injunction because balls had gone into her garden.

“When she bought the house I spoke to the estate agent and she was told that she was buying a house 45 yards from a wicket.

“There has been a house there for the last 70 or 80 years and it begs the question why we are having to deal with this for one person.”

In a bid to appease the resident, the club said it had already spent around £5,000 on masts and netting to stop the ball entering her garden, which Mr Joyner says has “bankrupted” the club.

Stuart Symes, the club’s captain, said: “This arrangement has come out of some negotiation and discussion with the resident.

“From a cricketer’s perspective it is not ideal but it will be the same for both teams and will only apply at one end of the ground.

“I suspect that it will affect the scores of both teams, but in the average game there are only three or four sixes scored.

“It is going to be a bit of a change but we’re going to have to adjust to it.”

Britwell Salome plays its first game of the season tomorrow away against Hailey.

A spokesman for Oxfordshire Cricket Association said the rule was introduced by the club and the matter is a local issue between the club and the resident.

The Oxford Mail visited the resident’s house but has received no comment.

Comments (10)

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6:15am Fri 2 May 14

Cityview says...

Surely there is legal precedent about this? The concept of moving to a nuisance? One of Lord Dennings more famous decisions. If you buy a property adjacent to a known hazard then tough you have to put up with it. As long as the hazard existed before the purchase then you can't action it. The cricket club should get some legal advice and tell this lady if she doesn't like the odd cricket ball in her garden she could try moving.

Years ago residents who moved into the newly built Bannister Close complained about the noise of the starting gun and announcer at Iffley Rd track! They were politely told to get lost.
Surely there is legal precedent about this? The concept of moving to a nuisance? One of Lord Dennings more famous decisions. If you buy a property adjacent to a known hazard then tough you have to put up with it. As long as the hazard existed before the purchase then you can't action it. The cricket club should get some legal advice and tell this lady if she doesn't like the odd cricket ball in her garden she could try moving. Years ago residents who moved into the newly built Bannister Close complained about the noise of the starting gun and announcer at Iffley Rd track! They were politely told to get lost. Cityview
  • Score: 22

7:57am Fri 2 May 14

jonny1976 says...

and after all that moaning she has put the house up for sale...

http://www.rightmove
.co.uk/property-for-
sale/property-456655
61.html
and after all that moaning she has put the house up for sale... http://www.rightmove .co.uk/property-for- sale/property-456655 61.html jonny1976
  • Score: 3

9:09am Fri 2 May 14

paddy173 says...

Maybe there should be a reward for a batsman who has lost a six. A free pint at the bar and his name engraved on a headstone by the fence to thie adjoining property.
Alternatively ignore this resident and politely respond to all her solicitors letters asking questions, to which her solicitor will seek answers and she will probably drop the matter after her 2nd massive bill.
Maybe there should be a reward for a batsman who has lost a six. A free pint at the bar and his name engraved on a headstone by the fence to thie adjoining property. Alternatively ignore this resident and politely respond to all her solicitors letters asking questions, to which her solicitor will seek answers and she will probably drop the matter after her 2nd massive bill. paddy173
  • Score: 16

9:44am Fri 2 May 14

EMBOX2 says...

I think a mass six-hitting competition needs to be held.

This is just like people who move to the country and complain about church bells or tractors in fields...
I think a mass six-hitting competition needs to be held. This is just like people who move to the country and complain about church bells or tractors in fields... EMBOX2
  • Score: 17

12:08pm Fri 2 May 14

online_reader says...

I guess she didn't want to tell prospective buyers about the hazards of sunbathing. Probably the cricket club would win a court case, but the fees would be astronomical. I suppose they could simply allow themselves to be investigated or sued and hope for a positive outcome without legal representation. Wonder what the worst case scenario is? If it's not playing at all, I can see why they've taken this decision. Maybe the next owner will be a cricket fan.
I guess she didn't want to tell prospective buyers about the hazards of sunbathing. Probably the cricket club would win a court case, but the fees would be astronomical. I suppose they could simply allow themselves to be investigated or sued and hope for a positive outcome without legal representation. Wonder what the worst case scenario is? If it's not playing at all, I can see why they've taken this decision. Maybe the next owner will be a cricket fan. online_reader
  • Score: -1

12:12pm Fri 2 May 14

online_reader says...

jonny1976 wrote:
and after all that moaning she has put the house up for sale...

http://www.rightmove

.co.uk/property-for-

sale/property-456655

61.html
Ooh, it's nice isn't it. Could someone please donate three-quarters of a million quid to the get-online-a-view-of
-the-cricket fund? Promise to return balls without argument. Thanks.
[quote][p][bold]jonny1976[/bold] wrote: and after all that moaning she has put the house up for sale... http://www.rightmove .co.uk/property-for- sale/property-456655 61.html[/p][/quote]Ooh, it's nice isn't it. Could someone please donate three-quarters of a million quid to the get-online-a-view-of -the-cricket fund? Promise to return balls without argument. Thanks. online_reader
  • Score: 2

12:18pm Fri 2 May 14

Mark L says...

The CC should put up more of a fight. The home owner is deluded. But probably thinks shes won.
The CC should put up more of a fight. The home owner is deluded. But probably thinks shes won. Mark L
  • Score: 7

10:57am Sat 17 May 14

mrobe48942'hotmail.co.uk says...

All the publicity she has created, I hope she finds it difficult to sell.
Aggrieved resident of Britwell Salome.
All the publicity she has created, I hope she finds it difficult to sell. Aggrieved resident of Britwell Salome. mrobe48942'hotmail.co.uk
  • Score: 0

2:26pm Wed 21 May 14

ojsb93 says...

It is no defense to say that the claimant 'came into the nuisance'. However, if she has owned the house for 20+ years then the club might have a prescriptive right against her.

In Miller v Jackson, on basically the same facts, it was held that there was a nuisance. However, instead of forcing an injunction, Lord Denning (a massive cricket fan) awarded damages instead which meant essentially that the club could continue to hit sixes but had to pay for it.
It is no defense to say that the claimant 'came into the nuisance'. However, if she has owned the house for 20+ years then the club might have a prescriptive right against her. In Miller v Jackson, on basically the same facts, it was held that there was a nuisance. However, instead of forcing an injunction, Lord Denning (a massive cricket fan) awarded damages instead which meant essentially that the club could continue to hit sixes but had to pay for it. ojsb93
  • Score: 0

5:18pm Thu 22 May 14

mrobe48942'hotmail.co.uk says...

The cricket club has been on that site for over 30 years. She has been in the property for only 4 years. My understanding also is that her son works for the law firm that is taking the action. Smacks a little of not what you know, but who you know.
The cricket club has been on that site for over 30 years. She has been in the property for only 4 years. My understanding also is that her son works for the law firm that is taking the action. Smacks a little of not what you know, but who you know. mrobe48942'hotmail.co.uk
  • Score: 0

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