This won't cut and paste (document appears protected) but this ref seems to point us in the right direction:
Quote:
'Airspace': "to the heavens" or the right to airspace has been curtailed so that an ordinary owner's rights now extend only to a height as is necessary for the ordinary use of the land and the structures thereon - Bernstein v. Skyviews (1978). In the case, Baron Bernstein could not prevent aerial photographs being taken of his house by helicopter from a reasonable height above the ground.
Further para follows re the right (or, more accurately, the lack thereof) to sue for trespass or nuisance by overflying aircraft.
http://www.ilex-tutorial.ac.uk/uploads/44C5F501_8D.pdf