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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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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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