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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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