A reality television personality has lost a £500,000 court fight with his neighbors, who claimed that noisy construction work at his home led to the deaths of their prized racing falcons.
Barnes Thomas, a former London art dealer who appeared on the Bear Grylls show "The Island," was found liable for the deaths of three gyr falcons at his property in St. Just, Cornwall. The birds belonged to Raptors of Penwith Ltd., a business run by brothers Martin and Scott Nicholas.
Last year, the High Court in Bristol ordered Thomas and his company, Upper Cot Estate Limited, to pay approximately £500,000 in compensation and legal costs. A judge determined that for three days, a JCB bucket was raised in the falcons' line of sight during their breeding season. The ruling stated the birds died due to "stress created by the acts of nuisance."
Thomas appealed the decision, arguing it was unfair to hold him responsible for the deaths of "incredibly sensitive" birds of prey. However, his challenge was dismissed by the Court of Appeal, where three judges delivered a split decision. Lady Justice Whipple agreed with the initial findings, stating that Thomas and his company "should not be able to act with complete disregard for the interests of their neighbours in the way they have done."
Thomas, who has been described as a "controversial" local figure and once referred to himself as possibly "the most hated man" in the village, established his farm on the edge of St. Just after his experience on "The Island" in 2018. His previous actions, including building a lake and temporarily removing a public footpath stile, had already generated local opposition.
The dispute escalated into a "bitter" row with the Nicholas brothers, who bred gyr and peregrine falcons on adjoining land for racing in Dubai. The brothers sued Thomas and his company for nuisance and negligence, asserting that the construction noise during the breeding season caused the birds' deaths, reduced breeding success, and led to egg loss.
Scott Nicholas reported that the sight of the JCB digger caused the birds to react intensely to the "alien object." The brothers claimed the work breached a duty of care to prevent excessive noise and visual threats to the falcons, particularly during breeding periods.
Judge Russen stated he was convinced Thomas's actions were the cause of the deaths, noting that videos from the incubation room showed the noise upsetting the birds. He specifically cited the JCB bucket being raised next to the aviary for three days, which broke the line of sight for some birds.
The initial High Court order mandated Thomas to pay approximately £300,000 in compensation and interest, plus over £180,000 towards the breeders' legal fees.
During the appeal, Thomas's legal team argued that erecting a barn and storing materials for his scaffolding business were normal land uses. They contended it was unfair for the falconry business next door to restrict his property use, likening it to a scenario where a zoo would sue neighbors for noise during animal breeding seasons.
In their judgment, Lords Justice Whipple and Nugee found Thomas and his company liable for nuisance and negligence, respectively. Lord Justice Moylan dissented, finding no liability. The majority decision meant the appeal was dismissed, leaving Thomas liable.
Lady Justice Whipple remarked that the appeal represented another phase in a "long-running saga" that had consumed significant resources for both parties. Thomas had previously described his appearance on "The Island" as the "worst experience of my entire life."