header-logo header-logo

12 September 2025 / James Naylor
Issue: 8130 / Categories: Features , Property
printer mail-detail

Nuisance: a bird in the hand?

229567
James Naylor on aviary unusual case of nuisance


  • In Nicholas v Thomas Upper, the court ruled that noise and visual disturbances from a neighbouring scaffolding business caused stress and breeding failures in falcons, awarding £258,500 in damages.
  • The defendants’ activities were deemed unreasonable and negligent, with personal liability attaching to the director—even without proven malice.
  • The judgment reaffirmed that nuisance includes substantial interference with land enjoyment, including commercial uses, and that abnormal sensitivity isn’t protected unless the defendant’s conduct is extraordinary.

The case of Nicholas and others v Thomas Upper and another company [2025] EWHC 752 (Ch) involved claims of private nuisance and negligence brought by a specialist falcon-breeding business against a neighbouring farm company. The dispute centred on whether the defendants’ conduct constituted an unreasonable interference with the claimants’ use and enjoyment of their land, resulting in significant business losses.

The case is notable for its factual complexity, its application of core nuisance principles, and its engagement with the Supreme Court’s decision in Fearn and others

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll