header-logo header-logo

12 September 2025
Issue: 8130 / Categories: Legal News
printer mail-detail

NLJ this week: Falcon breeders win landmark nuisance claim

229567
A highly unusual nuisance case is explored by James Naylor, partner at Naylor Solicitors, in NLJ this week

In Nicholas v Thomas Upper, a specialist falcon-breeding business succeeded against a neighbouring scaffolding company for noise and visual disturbances causing stress, breeding failures, and the death of valuable falcons.

The court awarded £258,500, finding the defendants’ activities unreasonable and negligent, with personal liability attaching to the director. Naylor explains how the judgment reaffirmed nuisance as substantial interference with land enjoyment, including commercial uses, and clarified that abnormal sensitivity isn’t protected unless the defendant’s conduct is extraordinary.

Malicious acts can make otherwise lawful conduct actionable. The case underscores the importance of fairness, reasonableness, and constructive engagement between neighbours.

Issue: 8130 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll