HL Deb 22 November 1971 vol 325 c888

LORD O'HAGAN asked Her Majesty's Government:

What remedies in law exist against damage to property from vibration caused by aircraft.


Section 40(2) of the Civil Aviation Act 1949 provides that where material loss or damage is caused to any person or property on land or water by a civil aircraft, damages shall be recoverable without proof of negligence from the owner of the aircraft. No remedies exist in law against any military aircraft flying by virtue of the Royal Prerogative for the purpose of the defence of the realm or of training or of maintaining the efficiency of any of the armed forces of the Crown. The Claims Commission of the Ministry of Defence will, however, pay compensation on an ex gratia basis if satisfied that the damage has been caused by a military aircraft.