Court of Appeal overturns Denham Noise decision

[gpn01]

An outbreak of common sense ? : Couple who won court battle after 'shattering' helicopter noise caused Tess Daly to pull out of buying £4m home have ruling overturned by Court of Appeal (From Bucks Free Press) (http://www.bucksfreepress.co.uk/news/15220020.Judge_s_ruling_on__shattering__helicopter_noise_tha t_caused_Tess_Daly_to_pull_out_of_buying___4m_home_is_revers ed/)

[OpenCirrus619]

Great news :D

OC619

[Crash one]

Excellent news.
I wonder if these people ever fly away on holiday in noisy aircraft with any regard for the people on the ground.

[Hadley Rille]

Which came first, the airfield or the residents?

[xrayalpha]

Interesting line:

******

He today pointed out that the Civil Aviation Act rules out trespass and nuisance claims relating to aircraft flights.

Subject to height and distance limits, the immunity applies to noise and vibration caused by aircraft on an aerodrome.

Flights did not have to be carried out "reasonably" for the immunity to apply, added the judge, who was sitting with Lord Justice Underhill and Lady Justice King.

***********


Would love to see the actual references!

[tmmorris]

Depends on the definition of an aerodrome but if it is restricted to licensed ones, a reason to keep the licence.

[Legalapproach]

The full Judgement can be found here:

Peires v Bickerton's Aerodromes Ltd [2017] EWCA Civ 273 (12 April 2017) (http://www.bailii.org/ew/cases/EWCA/Civ/2017/273.html)

And some background about the original trial Judge:

http://www.legalcheek.com/2017/04/joshua-rozenberg-look-out-for-a-retirement-announcement-from-mr-justice-peter-smith/

[BossEyed]

Ouch. The original trial judge gets something of a polite kicking there.

Not for the first time, I see from Joshua Rozenberg's legalcheek article.