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19 March 2020 / Nicholas Dobson
Issue: 7879 / Categories: Features , Public
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Tate-à-Tête (Pt 2)

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17907
Nicholas Dobson revisits the Tate Gallery & discovers that mere overlooking is not nuisance
  • Nuisance is a property tort involving the violation of real property rights.
  • Mere overlooking is outside the scope of common law nuisance.

Things can look very different on revisiting. Charles Ryder, for instance, found radical wartime changes to his former Elysium in Evelyn Waugh’s Brideshead Revisited. And on revisiting Highway 61, Bob Dylan discovered a novel take on the biblical Abraham and Isaac story: ‘God said to Abraham: ‘Kill me a son’/Abe said: ‘Man you must be putting me on’.

The Court of Appeal also saw things differently (while achieving the same outcome) on revisiting the Tate Gallery overlooking case in Fearn and others v Board of the Trustees of the Tate Gallery [2020] EWCA Civ 104 (see Tate-à-tête? NLJ 28 June 2019). The approved judgment was handed down on 12 February 2020 by Sir Terence Etherton MR, Lord Justice Lewison and Lady Justice Rose DBE.

Background

The case concerned a claim by owners of four apartments in a prestige London development

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MOVERS & SHAKERS

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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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