Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) - [2023] UKSC 4

On appeal from: [2020] EWCA Civ 104
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.
The Supreme Court (by a majority of 3 to 2) allows the appeal. Lord Leggatt, with whom Lord Reed and Lord Lloyd-Jones agree, gives the majority judgment. Lord Sales, with whom Lord Kitchin agrees, gives a dissenting judgment.
More information is available on our website: UKSC 2020/0056