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#SerleShare: Fearn & Ors. v Board of Trustees of the Tate Gallery [2023] UKSC 4

In this SerleShare, Andrew Francis considers the Supreme Court’s judgment in Fearn & Ors. v Board of Trustees of the Tate Gallery which was delivered on Wednesday, 1st February 2023. Fearn is a significant decision on the law of private nuisance affecting property owners.  The judgment deals with the issues raised by the claim made by the lessees of the flats behind the Tate Modern Art Museum on Bankside, London, arising from the effect of the overlooking of those flats by visitors to the viewing gallery forming part of the Museum. By a majority, the Supreme Court allowed the appeal from the Court of Appeal, finding in favour of the Claimants, and remitted the case to the High Court to determine the appropriate remedy.

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