‘Being on display in a zoo’: An arguable case of nuisance: 'Fearn v Board of Trustees of the Tate Gallery' [2023] UKSC 4
Publication Type
Transcript
Publication Date
11-2023
Abstract
The UK Supreme Court handed down its long-awaited 'Fearn v Board of Trustees of the Tate Gallery' (Fearn) judgment, with a 3:2 majority finding the Tate Modern (Tate) liable in private nuisance for allowing its visitors to peer into the claimant-residents’ flats. The claimants owned flats in a development that had a mainly-glass façade. Since 2016 the Tate operated a gallery overlooking London, roughly parallel to the claimants’ residences. Gallery visitors were thus able to look into the flats, and numerous photographs of the flat interiors were posted on social media. The claimants primarily sought an injunction requiring the Tate to prevent the public from viewing their flats.
Discipline
Property Law and Real Estate | Public Law and Legal Theory | Torts
Research Areas
Public Law
Publication
Torts Law Journal
Volume
28
First Page
229
Last Page
238
ISSN
1038-5967
Identifier
10.3316/agispt.20231127099255
Publisher
LexisNexis Australia
Citation
SAW, Cheng Lim and YOONG, Aaron.
‘Being on display in a zoo’: An arguable case of nuisance: 'Fearn v Board of Trustees of the Tate Gallery' [2023] UKSC 4. (2023). Torts Law Journal. 28, 229-238.
Available at: https://ink.library.smu.edu.sg/sol_research/4342
Copyright Owner and License
Authors
Additional URL
https://doi.org/10.3316/agispt.20231127099255