Publication Type
Journal Article
Version
acceptedVersion
Publication Date
8-2022
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 UK High Court and UK 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
Discipline
Privacy Law | Torts
Research Areas
Innovation, Technology and the Law
Publication
Tort Law Review
Volume
28
First Page
145
Last Page
166
ISSN
1039-3285
Publisher
Thomson Reuters (Professional)
Citation
SAW, Cheng Lim and YOONG, Joon Wei Aaron.
Throwing stones in glass houses: Protecting privacy under the law of nuisance. (2022). Tort Law Review. 28, 145-166.
Available at: https://ink.library.smu.edu.sg/sol_research/3973
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