Court of Appeal overturns Denham Noise decision
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Court of Appeal overturns Denham Noise decision
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Interesting line:
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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.
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Would love to see the actual references!
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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.
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Would love to see the actual references!
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The full Judgement can be found here:
Peires v Bickerton's Aerodromes Ltd [2017] EWCA Civ 273 (12 April 2017)
And some background about the original trial Judge:
http://www.legalcheek.com/2017/04/jo...e-peter-smith/
Peires v Bickerton's Aerodromes Ltd [2017] EWCA Civ 273 (12 April 2017)
And some background about the original trial Judge:
http://www.legalcheek.com/2017/04/jo...e-peter-smith/