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
Building an inclusive workplace: strategies for attracting and retaining disabled talent
Legal Update
After a pause, Buy Now Pay Later (BNPL) regulation becomes one step closer
Legal Update
Updates to the UK’s Arbitration Bill
Legal Update
Ozempic: The rising costs and coverage issues of weight loss medication
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Legal Update
ICAEW: Changes to PII requirements
Legal Update
Contractor insolvency: Peabody Trust v NHBC
Legal Update
Insurability by design: Increased transparency for vehicle manufacturers and insurers
Legal Update
By a narrow 2 to 1 majority, the Court of Appeal finds in favour of insurers in the construction of an exclusion clause in a W&I policy
Legal Update
Organisational approaches to ESG matters
Legal Update
LMA binders’ consultation
Legal Update
Smooth sailing ahead: The LMA's new Open Form Default Clause
Legal Update
PFAS: The issue that won’t go away
Legal Update
Oklahoma earthquake: Racial discrimination in adjudication
Legal Update
Will the Online Safety Act help reduce Google ad spoofing in insurance?
Legal Update
Vicarious liability for kinship foster carer abuse: Implications for local authority insurers
Legal Update
Latest short-term insurance trends
Legal Update
Motor finance complaints on hold: Why now is the time for strategic action
Published Article
General insurance claims part 3: evidence of the insurance markets’ learnings from the consumer duty
Legal Update
Artificial intelligence putting the ‘actuarial defence’ to the test?
Legal Update
Under the influence: France introduces insurance requirement for influencers
Legal Update
Insuring a summer of sport
Legal Update
The impact of UK riots on insurers
Legal Update - The Word
The Word, August 2024
Legal Update
Product Safety and Metrology Bill: E-bike and e-scooter fires
Opinion
Choose your words wisely: Balancing inclusivity and employees’ beliefs at work
Published Article - Consumer Duty
General insurance claims: The consumer duty’s easy target? (part 2: ‘a history of warnings’)
Legal Update
Words matter: Another case on the importance of accurate drafting
Legal Update
How might AI impact insurer climate targets?
Legal Update
London Fire Brigade to stop attending for automatic fire alarms: Implications for insurers
Legal Update
Navigating Oil Price Cap legislation: LMA issues revised Cargo and Hull wordings
Legal Update
It’s not cricket: Insurers change their mind about jurisdiction
Legal Update
Using AI to help spot vulnerable customers
Legal Update
Is your cyber resilience shored up?
Legal Update
CrowdStrike: Assessing the fallout of potentially the “largest IT outage in history”
Press Release
Browne Jacobson survey finds 38% of insurers considering pulling out of the solicitors PII market
Legal Update
Changing lanes: Automated Vehicles Act 2024 becomes law
Legal Update
Tobacco and snus use – are insurers asking the right questions?
Legal Update
What does the draft terrorism (Protection of premises) bill (Martyn’s Law) mean for insurers?
