To be used for all types of assessment and provided to students at the start of the module. Information provided should be compatible with the detail contained in the approved module specification although may contain more information for clarity.

Assessment task details and instructions

Ms Dowd engages in the development of property and her portfolio continues to grow. 2023 has seen the upward trend in the development of her business but as always challenges arise!

Ms Dowd seeks your help in advising her as to the best way to deal with the following problems and queries. In relation to properties 1 to 4 your responses should provide a response in an advisory tone acting in the role of a construction professional with legal specialism and incorporating the following;

(i) Identify relevant area(s) of tortious liability 

(ii) Outline any relevant legal principles relating to those areas 

(iii) Explain any potential liabilities that exist relevant to the parties involved 

(iv) Discuss any possible defences that might be used to mitigate liabilities where evident 

(v) Discuss possible sanctions 

(vi) Use relevant case-law and statute as required in support of arguments 

(vii) Adopt the appropriate form of response – advisory tone (viii) Make reasonable assumptions in the development of your response where required or possible. 

(ix) Demonstrate effective research and apply both “in-text citations”, a full reference list, a bibliography, table of cases and table of statutes (in this order) at the END of the assessment (word count to follow at the end) 

Scenario 1

Ms Dowd seeks advice on the current regulations relating to the use and operation of drones when undertaking surveys across her portfolio. She is keen on using modern technology but appreciates that she needs professional advice to ensure appropriate engagement. As such you will need to consider practical implications, regulatory issues and any potential issues in tort which might arise from the improper use of such equipment.  

Scenario 2

The Party Wall Act (1996) seeks to offer protection for those wishing to undertake construction operations in and around the boundary of their properties. Advise Ms Dowd on issues which might arise (eg nuisance, negligence, trespass and issues that may affect the parties such as surveyors) in the event that the Act is ignored or administered inappropriately. Refer to specific case law to support the issues identified.

Scenario 3

Ms Dowd has engaged a local contractor on the recommendation of a friend who practices as a Construction Consultant. The contract is to undertake a clearance operation on a property that is to be demolished as part of an on-going development plan. The contractor commences on site without permission and immediately causes an issue by severing an electric cable to a local factory, causing a three-day shutdown whilst the problem is resolved. Ms Dowd now wishes she had obtained references for the Contractor! As the legal advisor, outline the issues in negligence and consider the extent of losses which might be attributable to any of the parties involved, providing a rationale for your decision.

Scenario 4

With reference to the same project as above (Scenario 3), the contractor has employed a specialist sub-contractor to remove some asbestos which had been identified in the building. On leaving the site one evening, they fail to secure the hoardings. This attracts the attention of a gang of youths who enter the site, failing to notice an unprotected excavation to an old basement. One of the youths falls and is badly injured. At the same time, another youth stumbles across an unmarked, unsecured container which they open and pour on the floor, leaching through the ground into adjacent landholdings, damage might be extensive! Considering issues in negligence, Occupier’s Liability and vicarious liability advise Ms Dowd as to the possible ramifications for the parties involved. 

Answer

Advisory Response to Ms. Dowd on Drone Use for Property Surveys

As a construction professional with legal expertise, I am pleased to provide advice on the current regulations and potential liabilities associated with using drones for property surveys. This technology can greatly enhance your operations, but it is essential to navigate the legal landscape carefully1. The primary areas of tortious liability associated with drone use include trespass, nuisance, and negligence. Trespass occurs when a drone enters another person’s property without permission, potentially leading to legal claims. Nuisance involves the disturbance or interference caused by repeated drone flights, which can result in complaints from affected parties2. Negligence arises if drones are not operated with reasonable care, leading to injury or property damage. In addition to these tortious liabilities, privacy concerns under data protection laws must also be considered, as drone operations often involve the collection of visual data3.

The legal principles governing these liabilities are well-established. Trespass is an unauthorized entry onto another’s land, and using drones without proper consent can lead to trespass claims4. Nuisance is characterized by actions that unreasonably interfere with the use or enjoyment of someone’s property, and frequent drone flights over residential areas can constitute nuisance. Negligence involves the failure to exercise reasonable care, and improper drone operations that cause harm can lead to negligence claims. Compliance with the Civil Aviation Authority (CAA) regulations is crucial, as these laws outline the operational guidelines for drones to ensure safety and privacy5. To mitigate potential liabilities, it is essential to obtain permission from property owners before conducting drone surveys, thereby addressing trespass and nuisance concerns. Ensuring compliance with CAA regulations and providing proper training for drone operators can help defend against negligence claims. Conducting a privacy impact assessment can also mitigate privacy concerns, ensuring that data collection respects individuals’ rights under the General Data Protection Regulation (GDPR)6.

Possible sanctions for trespass and nuisance include civil remedies such as injunctions or damages. In negligence cases, compensatory damages may be awarded to any parties harmed by drone operations. Relevant case law, such as Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd [1987], highlights the legal principles of trespass, while Donoghue v Stevenson [1932] is foundational in negligence law7. Adhering to the Air Navigation Order 2016 and GDPR regulations is crucial for lawful drone operations. Ensuring compliance with CAA regulations, including obtaining the necessary permissions and training, is critical. 

Also, conducting a privacy impact assessment can mitigate privacy concerns. This comprehensive approach will help you leverage drone technology effectively while minimizing legal risks.

• Civil Aviation Authority. (n.d.). Drone code. Retrieved from [CAA website].
• Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd [1987].
• Donoghue v Stevenson [1932] AC 562.
• The Air Navigation Order 2016.
• General Data Protection Regulation (GDPR).