The statutory exclusion of all rights of action in respect of trespass or nuisance arising by reason only of the flight of an aircraft over any property or the ordinary incidents of such flight1 only has effect if the flight is carried out at a reasonable height above the ground and if no relevant statutory provision is contravened in respect of the aircraft2. Further, the provision which imposes a statutory liability for surface damage on the owner of the aircraft3 does nothing to take away rights of action
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