Throwing Stones in Glass Houses: Protecting Privacy under the Law of Nuisance

Abstract

The limits of the law of nuisance were recently tested in the controversial decisions of Fearn v Tate Gallery Board of Trustees, both before the High Court and Court of Appeal. Against the backdrop of these decisions, this article argues that the tort of private nuisance can indeed, in appropriate cases, protect against invasions of privacy caused by overlooking – all within the present framework and ambit of the action. It is also proposed that a communitarian approach be adopted in fashioning the appropriate remedy for actions founded in nuisance.

Keywords: Nuisance, Tort of private nuisance, Privacy, Invasions of privacy, Overlooking into homes