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Reality TV Star Barnes Thomas Appeals Court Ruling Over Falcon Deaths and Breeding Failures in Cornwall

Temitope Oke
By Temitope Oke

Reality TV personality and former art dealer Barnes Thomas is locked in a heated legal battle in Cornwall over claims that his construction work stressed and killed several of his neighbours’ falcons.

The case, currently in the Court of Appeal, stems from a £500,000 judgment against him after a High Court ruling found that noisy building projects on his property disrupted the sensitive birds, resulting in deaths, failed breeding attempts, and lost eggs.

Thomas, 30, who appeared on Bear Grylls’ survival show The Island in 2018, insists the original ruling was unfair and argues he should not be held responsible for the reactions of his neighbours’ “incredibly sensitive” gyr and peregrine falcons.

The Neighbours’ Case: Stress, Noise, and Lost Birds

The lawsuit was filed by brothers Martin Nicholas, 43, and Scott Nicholas, 44, who run Raptors of Penwith on adjacent land.

They argued that Thomas’ construction caused three gyr falcons to die, seven pairs to fail to breed, and seven eggs to be lost.

Videos presented in court reportedly showed building noise near the birds’ aviary during the breeding season, with machinery including a JCB bucket positioned within the falcons’ line of sight for three consecutive days.

Judge Russen KC ruled last year that Thomas’ actions constituted “substantial interference” with the birds, awarding the brothers £300,000 in compensation plus over £180,000 for legal costs.

The judge noted that Thomas had been warned about the breeding season and should have adjusted his construction schedule accordingly.

Thomas’ Defence: Ordinary Use of Land

Thomas’ barrister, Tom Weekes KC, told the Court of Appeal that the original ruling ignored the principle that landowners cannot be limited by their neighbours’ “sensitive trade.”

He argued that erecting a barn, operating a scaffolding business, and storing materials are common and ordinary uses of land.

Weekes suggested the Nicholas brothers effectively appropriated Thomas’ property by expecting him to tiptoe around their falcon breeding operations.

He likened the scenario to residents being told to remain silent near London Zoo during giraffe breeding season or turning off lights for a village observatory.

Thomas claims the ruling unfairly restricts his ability to use his land for normal activities.

Falcon Sensitivity Versus Rural Common Sense

The appeal judges were also presented with counterarguments emphasizing the extreme sensitivity of the falcons.

Jonathan Seitler KC, representing the Nicholas brothers, stated that noise from diggers, cranes, and granite handling went far beyond ordinary rural disturbances.

He argued that even if the birds were “sensitive,” Thomas’ activities caused measurable harm, including vibrations in the aviary and stress that ultimately killed some of the birds.

The legal debate thus revolves around a tension between two perspectives: whether normal construction and farming activities constitute a nuisance when they inadvertently harm highly sensitive animals, and whether the neighbour’s business should impose extraordinary restrictions on Thomas’ property use.

Thomas’ Past Controversies and Local Reputation

Thomas has a history of clashing with neighbours.

The High Court noted he created an illegal lake and temporarily removed a public footpath stile, adding to local disputes.

He has described himself in the past as “the most hated man” in his former village of Mousehole after competing with community Christmas lights.

His eccentric background—raising cattle, working as an art dealer, and starring in survival reality TV—paints a picture of a nonconformist who sometimes finds himself at odds with local norms.

What’s Next?

After a two-day appeal hearing in London, the judges reserved their decision.

The Court of Appeal will consider whether the High Court judgment correctly balanced Thomas’ right to use his land with the falcon breeders’ right to protect their business.

If the appeal is successful, Thomas could have the £500,000 compensation and costs bill overturned or reduced, potentially setting a precedent for disputes involving sensitive livestock or wildlife in rural communities.

If the appeal fails, he will remain liable, and his land-use options may continue to be limited during breeding seasons.

Summary

Barnes Thomas, a reality TV star and former art dealer, is appealing a £500,000 court judgment in Cornwall that held him responsible for the deaths and breeding failures of his neighbours’ gyr and peregrine falcons.

The Nicholas brothers, who run Raptors of Penwith, argued that Thomas’ construction work caused extreme stress to their birds.

Thomas claims the original ruling unfairly restricts his property rights and that his activities constitute ordinary land use.

The appeal judges have reserved their decision following a two-day hearing.

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About Temitope Oke

Temitope Oke is an experienced copywriter and editor. With a deep understanding of the Nigerian market and global trends, he crafts compelling, persuasive, and engaging content tailored to various audiences. His expertise spans digital marketing, content creation, SEO, and brand messaging. He works with diverse clients, helping them communicate effectively through clear, concise, and impactful language. Passionate about storytelling, he combines creativity with strategic thinking to deliver results that resonate.