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.
