Supreme Court to hear appeal in falcon death…

The Court of Appeal has granted permission to appeal to the Supreme Court in Thomas v Nicholas, an important case concerning the relationship between negligence and nuisance in disputes between neighbouring landowners.

The Court, by a majority, held that the appellant was liable in negligence, but not nuisance. The case arose from the deaths of three gyr falcons bred in a neighbouring commercial aviary, which were found to have suffered fatal stress caused by noise and visual intrusion generated by activities undertaken on adjoining land.

In granting permission to appeal, the Court of Appeal observed:

"Although this Court rarely grants permission itself, preferring to leave that decision to the Supreme Court, we are satisfied that this is an appropriate case in which to grant permission ourselves. That is because the issues raised by this appeal, relating to negligence as well as nuisance, are of wider application and the Supreme Court should have the opportunity to clarify the approach in those areas of the law in the context of the present facts."

This will be a closely watched appeal given its potential implications for the law of negligence and nuisance more broadly.

Tom Weekes KC and Camilla Lamont continue to represent the appellants, instructed by Phil Weaver of Nalders LLP.