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Month: April 2020

Fearn v Tate Gallery Board of Trustees in the Court of Appeal: Curtains for Article 8 rights in the Tort of Private Nuisance?

The claimants in Fearn v Tate Gallery Board of Trustees were the owners of luxury flats, featuring “striking” floor-to-ceiling windows, adjacent to the Tate Modern on the south bank of the Thames. Residents complained, when giving evidence at first instance, that they felt “more or less constantly watched” by visitors to the gallery’s roof-top viewing platform “as if they were in a zoo”.

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