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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.

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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