HL 11 October 2001. Claimant purchaser F engaged chartered surveyor S to investigate whether the property in Blackboys,Sussex which he intended to purchase would be affected by aircraft noise, with clear instructions that he did not wish to purchase a property which was on a flight path. On receiving S's report which stated that it was unlikely that the property would be affected by aircraft noise but noted that some planes would cross the area depending upon the direction of the wind and the position of the flight path, F proceeded with the purchase. After moving into the property F found that it was affected by aircraft noise. The HC dismissed F's claim for damages for diminution in value but awarded £10,000 non-pecuniary damages for the distress and inconvenience applying "Watts v Morrow" 1991. CA set aside the award on the grounds that the circumstances of the case did not fall within the exceptions for the award of damages for where there is no physical discomfort or inconvenience. HL held that F was entitled to recover non-pecuniary damages from S for distress and inconvenience and reinstated the #10,000 award set by the HC. Appeal allowed. CA decision reversed. Full copy of HL judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011011/farley-1.htm