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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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