*
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    


New Zealand

New Zealand National bands face financial challenges

February 2 • BBNZ President says its National Secondary Schools Band, National Youth Band, and National Band of New Zealand are in need of financial support after grant bids fail.


4BR review

4BR Review — Episode 15

February 1 • Iwan Fox and Chris Thomas look back at a memorable RNCM International Brass Band Festival, as well as look forward to the Norwegian Championships and more...


Grimethorpe

Grimethorpe to support a Day to Remember

February 1 • Grimethorpe Colliery Band will add their musical sparkle to a concert that aims to raise funds for the Alzheimer's Society


UniBrass Championships

UniBrass Championships countdown now on

February 1 • There are now just a couple of weeks to go before the student banding world heads to Newport — so why not go along and enjoy the action.


Dobcross Silver Band - Whitburn Band

Sunday 1 February • c/o Dobcross Band Club. Platt Lane. Dobcross Saddleworth OL3 5AD


Contest: Norwegian National Brass Band Championships

Friday 6 February • Grieghallen, Bergen, N-5015 N-5015


Contest: Norwegian National Brass Band Championships

Saturday 7 February • Grieghallen, Bergen, N-5015 N-5015


Regent Hall Concerts - Royal Greenwich Brass Band

Friday 27 February • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Oompah Brass XXL

Friday 27 February • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


West Wycombe Brass Band

February 1 • West Wycombe Brass Band are looking for Flugel and Horn players, any position. Rehearsals Wednesday 7.45-9.45pm in own band hall. Give us a call, or email.


Croy Silver Band

February 1 • Croy Silver Band currently has contest vacancies on Cornet and Percussion, but is always happy to accommodate enthusiastic new players in any section of the band.


Tintwistle Band

January 29 • We have a vacancy for a soprano cornet player, ideally able to join us long-term, but we are also looking to fill this position to compete in the 2nd section Midlands area contest in March 2026.. We enjoy all year round concerts, contests,and social events


Ian Holmes

BA (hons), PGDip (RCM), ARCM, ALCM
Conductor, piano accompanist and educator


               

 © 2026 4barsrest.com Ltd