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Sensitivity in the law of nuisance: should people in glass houses expect voyeurs? Fearn v Tate Gallery

Hilson, C. (2019) Sensitivity in the law of nuisance: should people in glass houses expect voyeurs? Fearn v Tate Gallery. Environmental Law Review, 21 (2). pp. 136-139. ISSN 1461-4529

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To link to this item DOI: 10.1177/1461452919843663

Abstract/Summary

The case Fearn v Tate Gallery involved claims brought by luxury London flat owners for breach of privacy in relation to the Tate Modern’s nearby viewing platform. One of the key issues in the case, heard by Mann J in the High Court, was whether the floor-to-ceiling glass windows of the flats – through which members of the public on the viewing platform could easily gaze – meant the residents were unduly sensitive users of the land for the purposes of the tort of nuisance. This case note considers this question along with the principle in nuisance that it is normally no defence to say that the claimant came to the nuisance. Both sensitivity and the coming to the nuisance (non-) defence are important elements of nuisance as an environmental tort and hence the case is worthy of note for environmental lawyers.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:82851
Publisher:SAGE Publications

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