Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4
Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4
- The Supreme Court, 1 February 2023
Supreme Court judgment 1 February 2023. A central London art gallery was liable in private nuisance to the owners of glass-walled flats which were overlooked by its panoramic viewing platform. Although liability in nuisance could not arise from the mere fact that a building overlooked neighbouring land, the viewing platform was an exceptional use of the gallery's land. It attracted thousands of visitors each week, many of whom peered into, and took photographs of, the interior of the flats. That undoubtedly amounted to a substantial interference with the flats' ordinary use and enjoyment. Judges: Lord Reed PSC; Lord Lloyd-Jones JSC; Lord Kitchin JSC; Lord Sales JSC; Lord Leggatt JSC
NUISANCE
RESIDENTIAL PROPERTY
United Kingdom
Supreme Court judgment 1 February 2023. A central London art gallery was liable in private nuisance to the owners of glass-walled flats which were overlooked by its panoramic viewing platform. Although liability in nuisance could not arise from the mere fact that a building overlooked neighbouring land, the viewing platform was an exceptional use of the gallery's land. It attracted thousands of visitors each week, many of whom peered into, and took photographs of, the interior of the flats. That undoubtedly amounted to a substantial interference with the flats' ordinary use and enjoyment. Judges: Lord Reed PSC; Lord Lloyd-Jones JSC; Lord Kitchin JSC; Lord Sales JSC; Lord Leggatt JSC
NUISANCE
RESIDENTIAL PROPERTY
United Kingdom