Estates Gazette Property Podcasts

On the Case: Views on Tate Modern and visual intrusion nuisance


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Jess Harrold is joined by EG court reporter James Lumley, and partner James Souter and associate Sam Lear, both from Charles Russell Speechlys, for a detailed discussion of the Supreme Court's decision in Fearn and others v Board of Trustees of Tate Gallery [2023] UKSC 4; [2023] PLSCS 22.

Together, they address the court's landmark ruling in favour of the residents of Neo-Bankside that the visual intrusion from a viewing platform at the Tate Modern - from which tourists can stare straight into their flats - constitutes a nuisance.

Bearing in mind the extreme nature of the facts of the case, they address the implications of the decision and the potential development of the law of nuisance that may follow in its wake.

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