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Disruption overhead

05 November 2021 / Richard Buckley
Issue: 7955 / Categories: Features , Public
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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
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Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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