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

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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