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.
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