Peires v Bickerton's Aerodromes Ltd

Peires v Bickerton's Aerodromes Ltd

The helicopter training operations as presently carried out by the Defendant constitute an unreasonable nuisance by noise, interfering with the Claimant's reasonable use and enjoyment of her property. The activity is excessive in frequency and duration, and statutory defences do not apply. The Defendant has not acquired a right by prescription due to longstanding objections. An injunction limiting the activity to two fixed periods of 15 minutes per week is appropriate; alternatively, substantial damages are awarded for diminution in property value.

Parties
Claimant: Lorna Grace Peires; Defendant: Bickerton’s Aerodromes Ltd
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Private Nuisance, Noise Nuisance, Property Rights, Statutory Defences, Easements by Prescription, Injunctions
Tort Private Nuisance Noise Nuisance Property Rights Statutory Defences Easements by Prescription Injunctions

Case Brief

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Parties

Lorna Grace Peires

Claimant

Bickerton’s Aerodromes Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether helicopter training operations at the Aerodrome constitute an actionable nuisance by noise to the Claimant's property
  2. 2 Whether the Defendant has acquired a right to make noise by prescription
  3. 3 Whether statutory defences under the Civil Aviation Act 1982 and related regulations apply to the activity

Ratio Decidendi

The helicopter training operations as presently carried out by the Defendant constitute an unreasonable nuisance by noise, interfering with the Claimant's reasonable use and enjoyment of her property. The activity is excessive in frequency and duration, and statutory defences do not apply. The Defendant has not acquired a right by prescription due to longstanding objections. An injunction limiting the activity to two fixed periods of 15 minutes per week is appropriate; alternatively, substantial damages are awarded for diminution in property value.

Court Disposition

Claim allowed

Orders

  • Injunction granted restraining helicopter training operations to two fixed periods of 15 minutes per week at a marked location, subject to parties' agreement or court determination.
  • If injunction is discharged, damages of £583,000 awarded for diminution in property value.