header-logo header-logo

12 September 2025 / James Naylor
Issue: 8130 / Categories: Features , Property
printer mail-detail

Nuisance: a bird in the hand?

229567
James Naylor on aviary unusual case of nuisance


  • In Nicholas v Thomas Upper, the court ruled that noise and visual disturbances from a neighbouring scaffolding business caused stress and breeding failures in falcons, awarding £258,500 in damages.
  • The defendants’ activities were deemed unreasonable and negligent, with personal liability attaching to the director—even without proven malice.
  • The judgment reaffirmed that nuisance includes substantial interference with land enjoyment, including commercial uses, and that abnormal sensitivity isn’t protected unless the defendant’s conduct is extraordinary.

The case of Nicholas and others v Thomas Upper and another company [2025] EWHC 752 (Ch) involved claims of private nuisance and negligence brought by a specialist falcon-breeding business against a neighbouring farm company. The dispute centred on whether the defendants’ conduct constituted an unreasonable interference with the claimants’ use and enjoyment of their land, resulting in significant business losses.

The case is notable for its factual complexity, its application of core nuisance principles, and its engagement with the Supreme Court’s decision in Fearn and others v Board of Trustees of the Tate Gallery [2023]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll