header-logo header-logo

26 May 2023 / Andrew Francis
Issue: 8026 / Categories: Features , Property
printer mail-detail

Public nuisance: all the world’s a stage

123325
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll