Drone Operators: Navigating the Legal Landscape of Trespass

25th September 2024

With the growing use of drones in commercial operations, the recent Anglo International Upholland Ltd v Wainwright [2023] case sets an important legal precedent for drone operators. The High Court ruled that flying drones over private property can constitute trespass, especially when used to capture images that facilitate unlawful activity, such as trespass.

This case highlights the complexity of balancing Section 76 of the Civil Aviation Act 1982 with trespass laws. Section 76 offers protection when drones fly at a “reasonable height,” but this case found that using drones for unauthorised photography over a site nullified such protection. Additionally, the court ruled that the very act of flying drones for unlawful purposes could constitute trespass, even without exact evidence on flight height.

For drone operators, this ruling underlines the need for compliance with air navigation laws, obtaining property owner consent, and carefully considering the purpose and operation of drone flights. As the sector evolves, it’s crucial to stay updated with legal developments to avoid potential liability.

Key Takeaways:

  • Section 76 protections may not apply if drones are used for improper purposes.
  • The court is increasingly willing to view drone use in trespass contexts.

Drone operators should obtain permission for flights over private property and comply with regulations to mitigate legal risks.
A list of relevant questions for the Civil Aviation Authority (CAA) in light of the Anglo International Upholland Ltd v Wainwright [2023] case:

  1. How does the CAA interpret “reasonable height” under Section 76 of the Civil Aviation Act 1982 for drone flights over private property?
  2. Does the CAA plan to update its guidance on drone operations to address trespass concerns post- Wainwright*?
  3. What steps should drone operators take to ensure compliance with both air navigation laws and property trespass rules
  4. Will there be new regulations requiring landowner consent for drones flying over private property?
  5. How does the CAA plan to enforce penalties for drones used unlawfully over private property?
  6. Could the CAA clarify its position on privacy violations and trespass when drones capture images without consent?
  7. What considerations are in place for determining unlawful drone use, even if the flight does not breach flight height limits?
  8. Is there a possibility for the CAA to introduce more stringent guidelines for recreational versus commercial drone flights regarding private land?
  9. How should drone operators document compliance to avoid liability under both CAA regulations and civil trespass claims?
  10. Does the CAA foresee future collaborations with property law bodies to provide comprehensive guidance on airspace use above private land?

Let’s see if the UK CAA responds… Richard Ryan, barrister

Blakiston’s Chambers – “Leading the way in drone and counter-drone law, safeguarding airspace innovation and security.”

richard.ryan@blakistons.com