29 March 2024
From Fearn v Tate to a series of Japanese knotweed cases, the law of nuisance has made frequent appearances in the courts of late
In this week’s NLJ, John Campbell and James Saunders trace recent developments in this area of common law.
They note that Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (the case involving Tate Modern’s viewing platform directly overlooking luxury flats with floor-to-ceiling glass windows) and the knotweed cases ‘represent evolution, rather than revolution, in the law’.
Campbell and Saunders, of New Square Chambers, write: ‘The Fearn appeal passed from the High Court, through the Court of Appeal and to the Supreme Court with different reasoning at each stage, highlighting the difficulties of identifying the boundaries of nuisance and applying the traditional approach that was ultimately reinstated in the Supreme Court.’
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