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12 September 2025
Issue: 8130 / Categories: Legal News
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NLJ this week: Falcon breeders win landmark nuisance claim

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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
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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