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17 March 2023 / Nicholas Dobson
Issue: 8017 / Categories: Features , Property , Public
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Tate-à-Tête (Pt 3)

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Rooms with a view: Nicholas Dobson charts the long journey from the High Court to the Supreme Court and back again for Fearn v Tate Gallery Trustees
  • The Supreme Court has held that the Tate was liable to the claimants in nuisance, since inviting the public to admire the view from its viewing platform was not a common and ordinary use of the Tate’s land.
  • The museum cannot therefore rely on the ‘give and take’ principle and argue that it seeks no more toleration from its neighbours than they would expect the Tate to show for them.

Noël Coward’s 1928 song described a dream love nest: ‘A room with a view/And you/No-one to worry us’ where ‘We’ll gaze at the sky’ and ‘sorrow will never come’. This, however, was not the experience of residents in certain upper-level apartments in the New Bankside development adjacent to the Tate Modern art museum and its Blavatnik Building extension. The living areas of these apartments being extensively glassed, visitors to a public viewing gallery

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

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Lime Solicitors announces four promotions

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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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