19 February 2020
Residents of four multi-million-pound flats which can be overlooked by visitors to Tate Modern have lost their latest legal challenge against the gallery, in an important case on nuisance
The flats, which resemble glass boxes in structure, are in the Neo Bankside development on London’s South Bank, and are overlooked by Tate’s viewing platform.
The residents sought an injunction to require Tate to close off part of its viewing platform. Upholding an earlier High Court ruling, however, the Court of Appeal dismissed the appeal, in Fearn & Ors v Tate Gallery [2020] EWCA Civ 104.
Matthew Bonye, partner at Herbert Smith Freehills, which acted for Tate, said: ‘The Court of Appeal panel of the Master of the Rolls, Lewison LJ and Rose LJ concluded that mere overlooking is not capable, as a matter of law, of giving rise to an action in nuisance.
‘Owners are protected in other ways such as planning controls.’
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