Visual intrusion is oppressive: Fearn v Tate Gallery
The law of nuisance has been considered in a different, more modern context, with the question put before the Supreme Court - is “visual intrusion” capable of being a nuisance?
In a surprise overturning of the Court of Appeal’s previous decision, the Supreme Court held that in certain, extreme circumstances, it is.
The Tate Gallery's viewing platform, which has around 500,000 visitors annually, provided a direct view into adjacent flats which were largely constructed of floor to ceiling glazing.
The Supreme Court found the constant visual intrusion was "oppressive", likening it to being on display in a zoo, and this amounted to a substantial interference with the ordinary use and enjoyment of the flats. As such this was sufficient to meet the requisite test for nuisance. This overturned the Court of Appeal's view that "mere overlooking" cannot give rise to liability in nuisance.
The application of the test for what is an actionable nuisance in the light of Tate will be one of degree – adopting the language of the Supreme Court - whilst ordinary household noise caused by a neighbour is not a nuisance it does not mean that “inviting a brass band to practise all day every day in my back garden cannot be an actionable nuisance”.
This case illustrates how the law of nuisance moves with the times and we anticipate that other cases seeking to balance rights of neighbouring landowners in an increasingly modern context will come under scrutiny in the future.
For a more detailed analysis of this case, see our briefing note here.
Contents
- Perils: Property insurance claims newsletter - May 2023
- Proximate cause focus: Brian Leighton Garages v Allianz and Allianz v University of Exeter
- The risk of encroachment is not a nuisance: Davies v Bridgend County Council
- COVID-19 BI Claims rumble on
- The perfect financial storm: top 5 trends making a mischief with BI adjustments
- Parties are in hot water over hot works dispute
You may be interested in...
Legal Update
Understanding the ICO's new fining guidance
Press Release
Browne Jacobson advises European micromobility insurtech Laka on investment from Achmea Innovation Fund
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Legal Update - The Word
The Word, March 2024
Opinion
Caregivers at work: Navigating new carer's leave regulations
Legal Update
Commercial Court considers requests for stay or anti-suit injunction where two competing reinsurance wordings
Opinion
EHRC publishes new guidance on menopause and the workplace
Legal Update
Parametric flood policies - Insurers no longer in uncharted waters?
Legal Update
LockBit unlocked: International taskforce takes down major cyber criminal organisation
Legal Update - Consumer Duty
80% of GAP market pause sales amid Consumer Duty concerns
Legal Update
FCA writes to MPs over car insurance premiums. What do increases mean for fraud?
Legal Update
Biodiversity Net Gain: A new landscape for restoration clauses
Legal Update
The regulators’ pet project
Legal Update
Welsh Government inks new regulations for Acupuncture, Body piercing, Electrolysis and Tattooing
Legal Update
Insurance and the escalating situation in Suez Canal
Legal Update
Update: Further debates on the Automated Vehicles Bill in the House of Lords this month
Legal Update - The Word
The Word, February 2024
Legal Update
The Home Affairs Committee launched another inquiry into fraud - Stop! Think Fraud
Legal Update
Progress on the Automated Vehicles Bill
Legal Update - The Word
The Word, January 2024
Legal Update
Voldemort causes havoc at Sellafield – nuclear risks and insurance policies
Legal Update
Adapting to change or falling behind? The FCA under fire from the National Audit Office
Legal Update
A blow to manufacturers as Thai Court confirms insurers’ denial of cover in wind turbine case
Legal Update
Premium finance – a poverty premium
Legal Update
'Clear and unambiguous' exclusions: Cameron Soule v Woodward Design + Build LLC
Legal Update
Follow the leader: Insurers using algorithmic underwriting
Legal Update
Insurance Insights 2024
Legal Update
Statutory assignment to insurers not caught by no-assignment clause
Legal Update
Court of Appeal decision again demonstrates the need for reform of the Solicitors Minimum Terms
Legal Update - The Word
The Word, December 2023
Legal Update - London Market Quarterly
London Market, Autumn 2023: What the insurance market needs to know
![Al Mana Lifestyle Trading L.L.C. & Others v United Fidelity Insurance Company PSC & Others [2023] EWCA Civ 61 – Update](/getattachment/b24270a8-0bb3-4a8a-bcf0-37830f99591b/shutterstock_710149084_6x4.jpg?variant=HeroImageTabletVariantDefinition)
Legal Update
Al Mana Lifestyle Trading L.L.C. & Others v United Fidelity Insurance Company PSC & Others [2023] EWCA Civ 61 – Update
Legal Update
Proposed amendments to the Arbitration Act 1996
Legal Update
The downfall of Vesttoo: Fraudulent letters of credit
Legal Update
Chubb leads a $50m consortium to help mitigate the increasing risks associated with lithium-ion batteries
Legal Update
Climate change related insurance decisions being made around the world
Legal Update
D&O: Australian Courts consider the meaning of ‘personal advantage'
Legal Update
Trade credit: Australian Courts consider the meaning of ‘recoveries’
Legal Update
Energy insurance: Technip Saudi Arabia Limited v The Mediterranean and Gulf Cooperative Insurance and Reinsurance Company ('Medgulf')
