Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor

The defendants, through acts of excessive noise and visual disturbance during the falcon breeding season, committed actionable nuisance and negligence, causing the death of three falcons and loss of eggs, for which damages are recoverable. The acts were not malicious but were undertaken without proper consideration of the claimants' sensitive use. Mr Thomas is personally liable as he authorised and procured the acts. The claim for harassment failed as the proven acts did not reach the threshold of oppressive conduct under the 1997 Act. Injunctive relief was refused; damages were awarded.

Parties
Claimant: Martin Craig Nicholas; Claimant: Scott Nicholas; Claimant: Raptors of Penwith Limited; Defendant: Barnes Davison Thomas; Defendant: Upper Cot Estate Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2025
Procedural Posture
Civil (property, Tort, Harassment) / Final Judgment After Trial
Outcome
Claim for nuisance and negligence succeeds in part; harassment and counterclaim dismissed.
Legal Topics
Private Nuisance, Negligence, Harassment Under Protection From Harassment Act 1997, Damages for Nuisance, Director Liability for Torts, Remoteness of Damage, Economic Loss, Injunctions, Neighbour Disputes
Tort Property Law Nuisance Negligence Harassment Private Nuisance Harassment Under Protection From Harassment Act 1997 Damages for Nuisance +5 more

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Parties

Martin Craig Nicholas

Claimant

Scott Nicholas

Claimant

Raptors of Penwith Limited

Claimant

Barnes Davison Thomas

Defendant

Upper Cot Estate Limited

Defendant

Procedural Posture

Civil (property, Tort, Harassment) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants committed actionable nuisance and/or negligence causing loss to the claimants' falcon breeding business
  2. 2 Whether the defendants (and specifically Mr Thomas) are personally liable for torts committed by the company
  3. 3 Whether the claimants suffered actionable harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The defendants, through acts of excessive noise and visual disturbance during the falcon breeding season, committed actionable nuisance and negligence, causing the death of three falcons and loss of eggs, for which damages are recoverable. The acts were not malicious but were undertaken without proper consideration of the claimants' sensitive use. Mr Thomas is personally liable as he authorised and procured the acts. The claim for harassment failed as the proven acts did not reach the threshold of oppressive conduct under the 1997 Act. Injunctive relief was refused; damages were awarded.

Court Disposition

Claim for nuisance and negligence succeeds in part; harassment and counterclaim dismissed.

Orders

  • Damages of £258,500 awarded to Raptors of Penwith Limited against Barnes Davison Thomas and Upper Cot Estate Limited jointly and severally.
  • All other claims and counterclaims dismissed.