CCTL Obligations Lab Asia Seminar – ‘Private Nuisance and Privacy after Fearn v Tate Gallery [2023] UKSC 4’ by Dr. Jeevan Hariharan (Online)

Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 is a landmark decision in English private law. The UK Supreme Court unanimously held that visual intrusions are in principle actionable under the tort of private nuisance. On the facts, which generated a remarkable level of attention in both legal circles and wider discourse, a narrow 3:2 majority found that the Tate Modern was liable for the operation of its viewing gallery where the public could see into the claimants’ flats. This presentation discusses the Fearn decision and its wider implications. In particular, the presentation will explore the Court’s decentring of the concept of ‘physical interference’ in the law of private nuisance  and highlight what the case means going forward for the protection of personal privacy.

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