The High Court has ordered Kieran Cummins to disclose records relating to drone flights on or over properties owned by Keegan Quarries Limited and John Keegan, but rejected their request to include flights “in the vicinity of” those lands.
The ruling by Ms Justice Eileen Roberts concerns a discovery application in a continuing trespass and business-interference action. It does not decide whether Cummins trespassed or resolve the underlying claims.
The plaintiffs allege that Cummins entered their Trammon lands in January 2021 and recorded the property and workers, and that he operated a drone over their lands on several occasions. They say the alleged overflights amounted to trespass and exposed quarry workers and operations to risk. Cummins denies entering the properties or unlawfully operating a drone over them.
Before the discovery hearing, the parties agreed on five of six categories sought. The remaining dispute concerned the scope of category five, which covered drone-use records for specified periods in June 2020 and February 2021. Cummins agreed to disclose material relating to flights “on or over” the properties. The plaintiffs sought to extend the category to flights “in the vicinity of” them.
Justice Roberts said the pleaded case was one of trespass, which requires an unauthorised incursion onto the plaintiffs’ property. She said activity near land owned by someone else would not itself constitute trespass against the plaintiffs’ lands. The court did not determine how far the plaintiffs’ property rights extend into the airspace above their lands.
The judge also noted that Cummins lives with his mother, whose home is within 400 metres of the Trammon boundary. A drone flight in her garden could fall within the proposed “vicinity” wording despite having no connection to the dispute. The plaintiffs’ suggested alternatives, including “adjacent to” and distances such as 50 or 100 metres, did not resolve the concern that the category lacked clear boundaries.
The court ordered discovery under category five on the narrower “on or over” terms agreed by Cummins. The order covers specified drone-use records, including flight or GPS data, video footage and photographs. The defendant must make discovery within 12 weeks of the order’s perfection.
The court also ordered costs of the motion in favour of the plaintiffs, with the amount to be adjudicated if not agreed and payment stayed pending determination of the proceedings.