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27 June 2019 / Nicholas Dobson
Issue: 7846 / Categories: Features , Public , Property
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Tate-à-tête?

Is the Tate a public authority? Nicholas Dobson examines a recent ruling on nuisance & nosiness

  • Apartment owners overlooked by the Tate Modern’s viewing gallery had no right to privacy under the Human Rights Act 1998. There was also no actionable nuisance.

There’s always something, isn’t there? For biblical Adam and Eve, the Garden of Eden would have been great if the serpent hadn’t turned up to poop the party. Roses would be fine but for the thorns. And we could live with morning wake-up alarms if they just gave up going off. But, as the eccentric philosopher noted in James Stephens’s comic novel The Crock of Gold in 1912: ‘Nothing is perfect’.

And so it was for the owners of four flats in a development adjacent to the Tate Modern Museum, whose prime views from prestige apartments unfortunately came with privacy issues. For their living areas are extensively glassed and look directly on to a new Tate Modern extension. And around the tenth floor of the extension a viewing walkway affords Tate Modern visitors a panoramic view of London. Unfortunately for the residents in question,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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