'A Straightforward Case of Nuisance': A Note on Fearn v Tate Gallery [2023] UKSC 4

Abstract

This is a note on the extraordinarily important, and potentially revolutionary, decision of the UK Supreme Court in Fearn v Tate Gallery [2023] UKSC 4 on the scope of the law on private nuisance. In deciding to afford a remedy to claimants complaining that tourists accessing the defendant's 'viewing gallery' could look into their flats, the UK Supreme Court broke new ground on (a) what could amount to a private nuisance; and (b) what approach should be adopted to determine whether a given interference with the use of a claimant's land should be regarded as sufficiently significant to amount to a nuisance. This note summarises and critically evaluates the UK Supreme Court's approach to both of these questions.

Keywords: private nuisance, overlooking, interference with land, common and ordinary use, right to a view, privacy, economic torts