Last year, we prepared an article looking into the legal conflict between the Tate Modern and the residents of NEO Bankside, an exclusive development of luxury apartments on the banks of the River Thames. The issue concerned the Tate Modern's recently-completed viewing gallery, which provides spectacular panoramic views of the London skyline and, most contentiously, the livingrooms of the neighbouring multi-million pound apartments.
At the time of our previous article, the owners' claim against the Tate Modern in nuisance had been dismissed. The ruling judge had suggested that the owners might consider installing some net curtains.
Aggrieved by this decision, the owners appealed to the Court of Appeal. The recently handed-down decision of Fearn and Others v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 is, again, given in favour of the gallery. Although noted as being for differing reasons, the ruling judge affirmed the decision of the lower Court. The case of the owners failed to convince the Court that being overlooked could amount an actionable nuisance.
Save for any further appeal (which would now have to be to the Supreme Court), it may be 'curtains' for this particular dispute.
The judgment can be accessed here.
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