Home / Crime and Justice / Falcon Deaths Spark £500k Legal War
Falcon Deaths Spark £500k Legal War
1 Nov
Summary
- Three falcons died due to construction site disturbances.
- Former reality TV contestant faces a £500,000 legal bill.
- Court of Appeal ruled on negligence but overturned nuisance.
A move to Cornwall by former reality TV contestant Barnes Thomas has led to a costly legal battle following the deaths of three falcons. Building work on his property near St Just caused significant disturbance to neighbouring falcons owned by Martin and Scott Nicholas. The construction activity during the birds' sensitive breeding season led to bird deaths and damaged eggs.
The High Court initially ruled in favour of the falcon breeders, ordering Thomas to pay approximately £300,000 in compensation and legal costs exceeding £180,000. Thomas appealed, arguing the ruling imposed unreasonable restrictions on his property use. The Court of Appeal, however, upheld his liability in negligence while overturning the finding of private nuisance. Both parties are reportedly considering further appeals.
The dispute involved allegations that excessive noise and visual disturbance from construction, including a JCB digger left near the aviary, distressed the birds. While the Court of Appeal acknowledged ordinary land use, it found that Thomas failed to take reasonable precautions to avoid inconveniencing his neighbours, thus establishing negligence.
