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:
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:
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.”
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