header-logo header-logo

Home Login E-newsletter About us

Tate-à-Tête (Pt 2)

© Copyright LexisNexis 2026. All Rights Reserved.
19 March 2020 / Nicholas Dobson
Issue: 7879 / Categories: Features , Public
printer mail-detail
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

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

Read All
Sponsored by
Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Read All
Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
Copyright © 2026 LexisNexis
back-to-top-scroll