Three falcons died in neighbour row; $500k case may reach Supreme Court

Three golden eagles perished and eggs were harmed following construction works near a neighboring bird farm in Cornwall, leading to a legal clash that could soon reach the Supreme Court. Former reality TV personality Barnes Thomas, who featured on Bear Grylls' survival show The Island in 2018, is now facing a potential £500,000 bill after being sued by falcon breeders Martin and Scott Nicholas.

The birds' value was estimated at £150,000 each. The Court of Appeal upheld Thomas's liability in negligence but overturned the finding of private nuisance. The dispute has since progressed to a possible Supreme Court appeal, with both parties challenging certain aspects of the ruling.

Thomas relocated from his art dealing business in London to a farm near St Just, close to Land's End. However, his move to Cornwall did not guarantee a peaceful life. Tensions escalated between Thomas and the Nicholas brothers, who owned Raptors of Penwith Ltd, a falcon-breeding business on adjacent land. The dispute centered around the effect of Thomas's construction work on the neighboring falcons and the potential consequences for their breeding.

The Nicholas brothers claimed that Thomas's building activities created excessive noise and visual disturbance during a critical period for the birds' breeding. They argued that the disturbance resulted in the loss of eggs and damage to the eggs caused by distressed birds. Their legal team presented evidence, including videos of the birds' incubation room, to demonstrate the impact of the construction activity. The court considered the significance of these recordings in assessing the extent of the disturbance.

During the trial, it was revealed that Thomas had been advised by the Nicholas brothers to avoid excessive noise and visual disturbance during the breeding season, which runs from March to June. One particularly contentious incident involved a JCB digger being left raised for three days close to the falcons' aviary. The brothers testified that the falcons reacted strongly to the unfamiliar object, becoming agitated in their pens.

The High Court in Bristol ruled in favor of the falcon breeders, finding that Thomas and his company were liable for both nuisance and negligence. The judge accepted that the construction work had caused undue disturbance and that the three golden eagles had died as a result of the stress associated with the nuisance. The financial consequences were substantial, with Thomas ordered to pay approximately £300,000 in compensation and interest, along with over £180,000 in legal expenses for the breeders. Thomas was also responsible for his own legal costs.