Visit JCPCUKSC/2026/0129
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NEGLIGENCE
Thomas and another (Appellants) v Nicholas and others (Respondents)
Case summary
Case ID
UKSC/2026/0129
Parties
Appellant(s)
(1) Barnes Davison Thomas, (2) Upper Cot Estate Limited
Respondent(s)
(1) Martin Craig Nicholas, (2) Scott Nicholas, (3) Raptors of Penwith Limited
Issue
Did the Appellants owe a duty of care to their neighbour where they were not liable to them in nuisance? If they did owe such a duty, did they breach it?
Facts
This is a dispute between neighbours who operate their businesses next to each other. Barnes Davison Thomas (“Mr Thomas”) lives at Bosavern, near St Just in Cornwall. Upper Cot Estates Ltd (“UCE”), of which Mr Thomas is the sole director, has owned adjoining agricultural land since 2020. Martin and Scott Nicholas (“the Nicholas brothers”) are co-directors of Raptors of Penwith Ltd (“ROP”), a specialist falcon breeding business operated from an aviary which lies close to the boundary of land owned by UCE. Mr Thomas and the Nicholas brothers initially enjoyed good neighbourly relations. In 2020 and 2021, Mr Thomas was made aware of the need to avoid excessive noise and visual disturbances near the aviary during falcon breeding season, a period covering at least March to May each year. Relations between Mr Thomas and the Nicholas brothers subsequently deteriorated, with neighbourly disputes arising on a range of matters including (but not limited to) access arrangements. ROP brought a claim in private nuisance against Mr Thomas and UCE, alleging that during the 2022 breeding season, activities carried out on UCE’s land had generated excessive noise and vibrations in the aviary and constituted a visual threat to the falcons. The activities were alleged to have caused the deaths of three falcons, damage to eggs and reduced breeding success. The same activities were also alleged to be acts of negligence. ROP’s nuisance and negligence claims were successful before the High Court. In the Court of Appeal, Mr Thomas and UCE successfully appealed on nuisance (Whipple LJ dissenting), but remained liable in negligence (Moylan LJ dissenting). Mr Thomas and UCE now appeal to the Supreme Court on negligence. ROP and the Nicholas brothers cross-appeal on nuisance.
Date of issue
1 September 2026
Case origin
Appeal As of Right