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.

  About the Speaker:

Dr Jeevan Hariharan is a Lecturer (Assistant Professor) in Private Law at Queen Mary University of London. Jeevan’s core research focuses on privacy, tort law, moral philosophy and intellectual property. Beyond this, he has research interests in all areas of private law and media law, particularly remedies and the intersection between private law and fundamental rights. Jeevan completed his PhD at UCL, supported by a Faculty of Laws Research Scholarship, on the protection of ‘physical privacy’ under English law. He holds BA (First Class) and LLB degrees from the University of Sydney, where he was awarded the University Medal in Philosophy. He also has an LLM (First Class) from the University of Cambridge, where he was the recipient of the Lucas-Smith Memorial Prize for the top law student at Queens’ College and a Foundation Scholarship.

The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.