[2003] EWHC 793 (QB), 16 April 2003. D made a claim against the defendant MoD for damages on the basis that the noise from an adjoining RAF airbase constituted a nuisance and infringed their rights under the European Convention on Human Rights Arts 1 and 8. The MoD claimed prescriptive rights to commit nuisance. It was recognised that the decibel rating of the Harriers exceeded the guidelines set out by the World Health Organisation and that the value of the land was blighted. Although the noise amounted to a nuisance, public interest demanded that the aircraft should keep flying. Military activities could not be regarded as an ordinary use of the land within the legal meaning of the phrase. The noise constituted an interference with D's human rights under Arts 1 and 8 and whilst recognising that the public interest was of greater importance than D's private interests, common fairness demanded that D was entitled to compensation. Damages were awarded on the basis of the difference in value of the property in a blighted and un-blighted state for resale purposes, for loss of amenity and for loss as a business venture.