‘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

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.3316/agispt.20231127099255

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