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05 November 2021 / Richard Buckley
Issue: 7955 / Categories: Features , Public
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Disruption overhead

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Richard Buckley discusses fighter pilots, locality principles & the law of nuisance
  • Two contrasting cases involving noise made by jet fighters during pilot training are examined.

A familiar proposition of the law of nuisance is that the ‘locality’ of the defendant’s activities is relevant to a determination of whether the interference with comfort and enjoyment of land suffered by the claimant in fact constituted an actionable nuisance. But what factors and activities should be considered when deciding upon the nature of the locality? In particular, can the defendant’s own pre-existing activities be taken into account, even if those activities form the basis of the complaint?

In Jones and another v Ministry of Defence [2021] EWHC 2276 (QB), [2021] All ER (D) 52 (Aug), decided in August 2021, the High Court was confronted with this question in a case concerning noise on the claimants’ land caused by jet fighter aircraft flown from a nearby airbase during the training of Royal Air Force (RAF) pilots. The conclusion reached was at variance with one reached nearly

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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.

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