← All Authorities
United Kingdom Leading Case private nuisance

Fearn v Board of Trustees of the Tate Gallery

[2023] UKSC 4
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2023
StatusBinding authority

Summary

Visual intrusion from overlooking can constitute actionable private nuisance where it substantially interferes with ordinary use and enjoyment of land.

Key Principle

Private nuisance can arise from visual intrusion (overlooking) where it constitutes a substantial interference with the ordinary use and enjoyment of land; the Tate Modern viewing platform created an actionable nuisance.

Area of Law

tort

Related Cases

Bird v DP (A Pseudonym) (2024) 98 ALJR 486

High Court of Australia held a religious organisation vicariously liable for sexual abuse by a priest, recognising a relationship akin to employment sufficient to ground vicarious liability.

Bryant v Badenoch Integrated Logging Pty Ltd (2023) 278 CLR 99

High Court of Australia held that the peak indebtedness rule does not apply when assessing unfair preferences under s 588FA of the Corporations Act 2001 (Cth).

Kozarov v Victoria (2022) 275 CLR 115

An employer owes a duty to take reasonable steps to protect an employee from psychiatric injury caused by vicarious trauma, and may breach that duty by failing to act on obvious warning signs.

Ask CommonBench about this case

Get a detailed analysis of Fearn v Board of Trustees of the Tate Gallery and how it applies to your situation.

Explain Fearn v Board of Trustees of t...