Author Hunter Steele sues over writer's block

FOR most writers, their craft is an arduous struggle against silence. Such a plight, however, is the envy of Hunter Steele.

•Seeking damages: Hunter Steele with his partner Lesley Wood outside court

An author whose contemplative pursuit was thwarted by the din from a nearby construction site, he has launched a legal action against the building firm responsible.

Mr Steele's damages claim states that Martin Alan Construction "clouded his intellect" by keeping a generator switched on overnight, adjacent to his home, for nearly five months.

The former creative writing teacher at the University and Glasgow, who has several novels to his name, is seeking compensation of 5,000, after telling a court that the low rumble of the machine prevented him from "composing new text of originality and value".

The author and songwriter, who also runs the publishing firm Black Ace Books, raised the legal claim against the firm at Perth Sheriff Court. His partner, Lesley Wood, is seeking a similar sum in compensation.

The claim is in relation to a period of nearly five months when the generator – which was being used to dry workmen's clothes – on the building site close to their home in Errol, Perthshire, was left running through the night, hampering their contemplative pursuits.

According to the couple, the diesel generator emitted a low-level vibrating noise, which made it impossible to sleep.

The problems began in November 2006, when the couple noticed a constant noise that was "comparable to the idling motor of a taxi".

They said: "We found it impossible to get an unbroken night's sleep, taken over by an inability to get away from the relentless onslaught, and became cumulatively sick as a consequence.

"I am an author and publisher," Mr Steele, 60, added in his court writ. "I require a clear head, unclouded intellect to compose text of originality and value.

"Fulfilment of all such requirements was seriously prejudiced throughout by the protracted night-time noise."

Mr Steele, originally from Edinburgh, said the physical effects of the disruption included, among others, sleep deprivation, chronic fatigue, depression, headaches, dizziness, a racing heartbeat and nausea.

Mr Steele claimed that within three months he was having to change his working practices to cope, with he and his partner spending hours double-checking each other's work.

He complained to Perth and Kinross Council and within days of a warning letter being sent by the local authority, the generator had been switched off.

At an initial hearing, Sheriff Robert McCreadie told the couple the actions had to be dismissed on technical grounds, but advised them: "The actions can be re-raised in proper form."

Solicitor Graham Harding, representing Martin Alan Construction, said: "Once it had been established by Perth and Kinross Council that the noise level from the generator was excessive, the defenders took all reasonable steps to move the generator to another part of the site. That is not saying they have admitted any loss or damage."

Last night, Mr Steele said he would be taking advice from a litigation specialist to consider an appeal.

A spokesman for Martin Alan Construction declined to comment on any future action, saying: "I think in this instance, silence is golden."

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