Publication Type
Journal Article
Version
publishedVersion
Publication Date
4-2022
Abstract
Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article examines and questions the various notions that underpin this English approach. Using the recent decisions of Giles Duncan Fearn v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) and Giles Fearn v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 as relevant case studies, the authors posit that the tort of private nuisance can and should be used to accommodate privacy-related claims in appropriate circumstances.
Keywords
Privacy law, nuisance law, private nuisance
Discipline
Asian Studies | Privacy Law
Research Areas
Private Law
Publication
Singapore Academy of Law Journal
Volume
34
First Page
505
Last Page
528
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
SAW, Cheng Lim and YOONG, Aaron.
Whither privacy protection in the law of nuisance. (2022). Singapore Academy of Law Journal. 34, 505-528.
Available at: https://ink.library.smu.edu.sg/sol_research/3931
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.