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26 May 2023 / Andrew Francis
Issue: 8026 / Categories: Features , Property
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Public nuisance: all the world’s a stage

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Private nuisance, from overlooking to knotweed: what is the remedy? Andrew Francis presents a property drama in five acts
  • As a number of recent cases have shown, claims in private nuisance are just as much a feature of the landscape of property disputes as those based on other rights and obligations, such as under easements and covenants.

Act 1: Overlooking

London, Bankside: Most of us will by now be familiar with the judgment of the Supreme Court handed down on Wednesday 1 February 2023 in Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2023] All ER (D) 02 (Feb). This judgment upheld the claimant tenants’ claim based on private nuisance to the enjoyment of their flats caused by visitors to the Tate Gallery overlooking those flats from the viewing gallery on the south side of the Tate Gallery’s building at Bankside in London. The Supreme Court gave us a modern framework to use in tortious private nuisance claims where real property interests

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Fieldfisher—Will Sharp

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Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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