*
banner

Hear, Hear?

Landmark Court of Appeal ruling could have far reaching consequences about the way musicians should be protected at their place of work.

PERCUSISON
  Not too loud now...

A Court of Appeal ruling that has seen the Royal Opera House lose its challenge over a case of a viola player whose hearing was irreparably damaged whilst playing in its pit orchestra, could well have far reaching consequences for all future stage performances — including brass band contests.

Acoustic shock

Although the full details of the decision of the Court of Appeal judges has yet to be published in the case of Christopher Goldscheider, who suffered 'acoustic shock' after sitting in front of the brass section of the Royal Opera House orchestra in a rehearsal of Wagner's 'Die Walkure', it is being described as a 'landmark ruling'.

The Opera House was supported in its challenge by the Association of British Orchestras, the Society of London Theatre and the UK Theatre Association, who argued that it could have 'disturbing implications' for all live music performances.

It stated that "all music making in the UK"may be curtailed in some way by the ruling.

Foreseeable and preventable

However, Sir Brian Leveson, who sat alongside Lord Justice Bean and Justice McCombe stated that for his part; "…I simply do not accept that this cataclysmic scenario represents a proper understanding of the consequences of the decision."

They ruled that Mr Goldscheider's injures were "… all foreseeable and reasonably preventable".

It was stated in the previous High Court judgment that the noise level experienced by him at the time exceeded 130 decibels, roughly the equivalent of a jet engine.

Blew away myth

Whilst the judges backed the Opera House in its contention that the provision of ear defenders by players at all times in rehearsals and performances was not practicable, the BBC's legal correspondent Clive Coleman stated that the ruling, "...blew away the myth that orchestra spaces and live music venues are exempt from noise protection".

That was one that believed that a defence was available to employers under the Compensation Act as the product of making music was of such high artistic value, some noise damage to those producing it was acceptable.

He added: "The case effectively brings an orchestra space — or any live music venue for that matter — into line with other working environments such as a factory floor.

An orchestra space or gig venue becomes, if you like, a factory where noise is the end product rather than the by-product of an industrial process."

4BR understands that this could see concert promoters, organsiers and employers having to offer acoustic music stand shields to performers or single-use hearing protection ear plugs if requested4BR

Practicable steps

It was his understanding that, "Employers and organisers will now have to put processes in place to assess noise and anticipate sudden rises in noise levels. They will then have to take all reasonably practical steps to prevent injury resulting from the noise."

4BR understands that this could see concert promoters, organsiers and employers having to offer acoustic music stand shields to performers or single-use hearing protection ear plugs if requested.

Many professional orchestras and ensembles do offer this at present for rehearsals and performances.

A Health and Safety Executive report prepared in 2008 that looked specifically at hearing protection for musicians recommended that, "...Training on the selection and proper use of hearing protection is essential to ensure that the use of hearing protection is an effective method for controlling musicians' noise exposure."

It was stated that nearly 60% of musicians report some sport of hearing loss during their careers. Mr Goldscheider has been unable to work since 2014.

Become a supporter and help make our future secure.

4barsrest continues to be a proudly independent voice. There are no paywalls to overcome to be able to enjoy what we do to keep our journalism at the heart of the brass banding world. Support us with a one-off donation or subscribe from just £2.50 per month.

Support us    


British Open

Result: 2026 Spring Festival — Grand Shield

May 3 • Milnrow claims the Grand Shield honours to return to the British Open with Hepworth joining them.


British Open

Result: 2026 Spring Festival — Senior Cup

May 2 • Kirkintilloch claims the Senior Cup honours as Rainford, Tongwynlais Temperance and East London Brass join them in the Grand Shield in 2027.


2026 Spring Festival

Result: 2026 Spring Festival — Senior Trophy

May 2 • Sandhurst Silver claims the Senior Trophy honours as Sovereign Brass, Unite Scotland Kinneil and Yorkshire Imperial are also promoted to the Senior Cup.


Fleetwood

Fleetwood back on demand

May 1 • You can enjoy all 32 performances from the recent Fleetwood Contest on demand


Regent Hall Concerts - Royal Greenwich Brass Band

Sunday 3 May • St Alfege Church. Greenwich Church Street SE10 9BJ


Regent Hall Concerts - FiveBy5 Trumpet Quintet

Tuesday 5 May • Charlton House and Gardens. Charlton Road, . London. . SE7 8RE


Regent Hall Concerts - Royal Greenwich Brass Band

Friday 8 May • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Wardle Anderson Brass Band - Wardle Junior Blast

Friday 8 May • Milnrow Parish Church, 16 Westward Ho, Milnrow, Rochdale OL16 3JX


Regent Brass - Woodbridge Excelsior Band and Russell Gray

Saturday 9 May • The Salvation Army (Regent Hall), Oxford Street, London W1C 2DJ


Bilton Silver Rugby Band

May 3 • The band requires an Eb bass player for our First section band conducted by Jack Fisher. . We have a varied and expanding programme of events throughout the year, including our very well attended, themed concerts.


Bilton Silver Rugby Band

May 3 • The band requires a Cornet player (Position negotiable) for our First section band conducted by Jack Fisher.. We have a varied and expanding programme of events throughout the year, including our very well attended, themed concerts.


Wellington Silver Band (Somerset)

May 2 • Bb Basses. With Colin Dance now appointed as our MD and our other Bb Bass leaving due to work commitments, we have openings for two Bb basses. We are a friendly community (4th section?) band with a variety of gigs including our own Proms in the Park.


Stan Lippeatt

BA, LRSM
Conductor, adjudicator, tutor


               

 © 2026 4barsrest.com Ltd