05 May 2017
Peires v Bickerton’s Aerodromes Ltd [2017] EWCA Civ 273, [2017] All ER (D) 90 (Apr)
The Court of Appeal allowed the defendant’s appeal against the judge’s grant of an injunction, restraining certain manoeuvres by helicopters on or above part of its land lying near the claimant’s property and rejecting its defence based on s 76(1) of the Civil Aviation Act 1982. The judge had been wrong in confining ‘flight’ in s 76(1) of the Act to lateral travel from one fixed point to another and holding that the precondition of immunity was that flight or ordinary incidents of flight had to be reasonable.
