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19 March 2020 / Nicholas Dobson
Issue: 7879 / Categories: Features , Public
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Tate-à-Tête (Pt 2)

17907
Nicholas Dobson revisits the Tate Gallery & discovers that mere overlooking is not nuisance
  • Nuisance is a property tort involving the violation of real property rights.
  • Mere overlooking is outside the scope of common law nuisance.

Things can look very different on revisiting. Charles Ryder, for instance, found radical wartime changes to his former Elysium in Evelyn Waugh’s Brideshead Revisited. And on revisiting Highway 61, Bob Dylan discovered a novel take on the biblical Abraham and Isaac story: ‘God said to Abraham: ‘Kill me a son’/Abe said: ‘Man you must be putting me on’.

The Court of Appeal also saw things differently (while achieving the same outcome) on revisiting the Tate Gallery overlooking case in Fearn and others v Board of the Trustees of the Tate Gallery [2020] EWCA Civ 104 (see Tate-à-tête? NLJ 28 June 2019). The approved judgment was handed down on 12 February 2020 by Sir Terence Etherton MR, Lord Justice Lewison and Lady Justice Rose DBE.

Background

The case concerned

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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