*
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    


wobplay

New ownership announced for World of Brass, Wobplay and World of Sound

July 1 • The trio of leading brass band music brands have been bought as an independent business by Adam Goldsmith and Nicki Tonge.


Spring Festival

Venues and dates for 2027 & 2028 Spring Festival announced

July 1 • Town Hall Birmingham and the Royal Birmingham Conservatoire will host the 2027 and 2028 British Open Spring Festival contests as long term plans are put in place following feedback.


Cory

Cory set for Tibetan title challenge in Kerkrade

June 30 • The Welsh champion will head to the World Music Contest armed with a third adventure of Tintin courtesy of the pseudonym inspired Paul Raphael.


Score

Kapitol looking for York judges...

June 30 • Kapitol Promotions and the Association of Brass Band Adjudicators are looking for people to start their judging journey in York in September.


Regent Hall Concerts - Central Band of the RAF

Thursday 2 July • Regent Hall (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Royal Air Force Squadronaires

Friday 3 July • Regent Hall (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Brass - Living Lines

Sunday 5 July • St Saviour's, Pimlico, St.George's Square, Pimlico, London SW1V 3QW


Regent Hall Concerts - Royal Greenwich Brass Band

Sunday 5 July • St Alfege Church . Greenwich Church Street. London SE10 9BJ


Regent Brass - Brass on the Grass

Wednesday 22 July • The College Garden, Westminster Abbey, Deans Yard, London SW1P 3PA


Crewe Brass

July 1 • Crewe Brass are looking for a FRONT ROW CORNET to join our highly motivated 4th section band. We are a very welcoming and sociable band, with a positive outlook and a reasonably busy calendar of engagements. Other enquiries are welcome.


Crewe Brass

July 1 • Crewe Brass are looking for a Eb BASS to join our highly motivated 4th section band. We are a very welcoming and sociable band, with a positive outlook and a reasonably busy calendar of engagements. Other enquiries are welcome.


Crewe Brass

July 1 • Crewe Brass are looking for a BBb BASS to join our highly motivated 4th section band. We are a very welcoming and sociable band, with a positive outlook and a reasonably busy calendar of engagements. Other enquiries are welcome.


Mark Wilkinson


Cornet Soloist, Teacher, Adjudicator, Conductor


               

 © 2026 4barsrest.com Ltd