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11 September 2026
Issue: 8176 / Categories: Legal News , Nuisance , Property
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NLJ this week: Negligence takes flight

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© Getty images
A Court of Appeal ruling shows that a failed nuisance claim may still leave a neighbour liable in negligence where foreseeable harm could readily have been avoided

Writing in NLJ this week, Andrew Ross, partner in the real estate disputes team at Charles Russell Speechlys, considers Thomas v Nicholas. Falcon breeders claimed that their neighbour’s scaffolding business, including a crane parked close to their aviary during breeding season, distressed the birds and caused the deaths of three gyrfalcons.

The court held that falcon breeding was not an ordinary use of the claimants’ land for nuisance purposes, so the interference was not actionable in nuisance. However, it upheld negligence: the neighbour knew the falcons were sensitive, and could have parked the crane elsewhere. Nugee LJ said that non-liability in nuisance did not entitle someone to act ‘with complete disregard for the interests of their neighbours’.

The decision encourages claimants facing disruptive neighbouring land use to plead negligence alongside private nuisance.

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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