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Fearn and others v The Tate Gallery.
Fearn and others v The Board of Trustees of the Tate Gallery (2023) was a landmark case for private nuisance. Revolving around the Tate Modern art museum, the two sides of this claim were:
- The Tate Modern
- Neo Bankside development, a luxury residential complex located next to the museum
The Neo Bankside resident’s claim was that the use of the Tate Modern’s viewing platform constituted as a private nuisance. This is because visitors could look into their flats and invade their privacy (i.e. visual intrusion).
Furthermore, the claimants argued that the trustees of the Tate Modern were liable for the nuisance. They then followed this by seeking an injunction.