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05 November 2021 / Richard Buckley
Issue: 7955 / Categories: Features , Public
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Disruption overhead

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Richard Buckley discusses fighter pilots, locality principles & the law of nuisance
  • Two contrasting cases involving noise made by jet fighters during pilot training are examined.

A familiar proposition of the law of nuisance is that the ‘locality’ of the defendant’s activities is relevant to a determination of whether the interference with comfort and enjoyment of land suffered by the claimant in fact constituted an actionable nuisance. But what factors and activities should be considered when deciding upon the nature of the locality? In particular, can the defendant’s own pre-existing activities be taken into account, even if those activities form the basis of the complaint?

In Jones and another v Ministry of Defence [2021] EWHC 2276 (QB), [2021] All ER (D) 52 (Aug), decided in August 2021, the High Court was confronted with this question in a case concerning noise on the claimants’ land caused by jet fighter aircraft flown from a nearby airbase during the training of Royal Air Force (RAF) pilots. The conclusion reached was at variance with one reached nearly

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