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12 September 2025 / James Naylor
Issue: 8130 / Categories: Features , Property
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Nuisance: a bird in the hand?

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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

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Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

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The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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