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Bernstein v Skyviews

[1978] QB 479

Case summary last updated at 17/01/2020 21:00 by the Oxbridge Notes in-house law team.

Judgement for the case Bernstein v Skyviews

D flew over P’s house to take photos of it and D claimed trespass and invasion of privacy. The court denied this, saying that an owner's rights in the airspace above his land were restricted to such height as was necessary for the ordinary use and enjoyment of the land and structures upon it, and above that height he had no greater rights than any other member of the public. Griffiths J reached this decision on the basis of balancing the interests of private individuals with the public at large to use spaces. 

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