Visit JCPCUKSC/2020/0056
•
TORT
Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent)
Case summary
Case ID
UKSC/2020/0056
Parties
Appellant(s)
Giles Fearn and others
Respondent(s)
Board of Trustees of the Tate Gallery
Issue
Whether the Court of Appeal erred in failing to hold that the claimants were entitled to a remedy in the tort of private nuisance by reason of the Tate Modern’s use of the top floor of its Blavatnik Building as a viewing platform.
Facts
The Tate Modern opened an extension in 2016 called the Blavatnik Building. The Blavatnik building is ten stories high and, on its top floor, has a viewing platform which offers panoramic views of London. The Appellants own flats neighbouring the Tate Modern which are of a similar elevation to the Blavatnik building and whose walls are mainly made of glass. On the southside of the viewing platform, visitors to the Tate can see directly into the flats of the Appellants.The Appellants seek an injunction requiring the Tate to prevent its visitors from viewing their flats from the viewing platform, or alternatively, an award of damages. Their claim is based on the common law of nuisance.
Date of issue
11 March 2020
Judgment appealed
Judgment details
Judgment date
1 February 2023
Neutral citation
[2023] UKSC 4
Judgment links
Judgment summary
1 February 2023
Appeal
Justices
Hearing dates
Full hearing
Start date
7 December 2021
End date
8 December 2021
Watch hearings
7 December 2021 - Morning session
7 December 2021 - Afternoon session
8 December 2021 - Morning session
8 December 2021 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 16 April 2024