header-logo header-logo

05 November 2021 / Richard Buckley
Issue: 7955 / Categories: Features , Public
printer mail-detail

Disruption overhead

63032
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

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll