The Tate ‘Peeping’ Case - The Law of Nuisance Bites Back

Introduction

The Tate Gallery overlooking case in the Supreme Court has been widely commented on in the mainstream media, not just the specialist legal and property press.

The extension of the law of nuisance to protect against ‘visual intrusion’ and loss of privacy has potential to cause wide-ranging problems in a densely-populated country, and the limitation to use of land going beyond what is considered ‘common or ordinary’ may well prove to be a starting-point only, as the case law is likely to develop.

Meanwhile, what of the role of the planning system? The tension between the private law of nuisance and the public law of planning consents was much debated by the Supreme Court in Coventry v Lawrence, which remains unresolved.

In both of these major cases, the court was split, and perhaps even along political lines. The period in between these two landmark decisions has seen other cases which shed more light on how the law of nuisance is adapting to a modern world.

In this webinar, we will examine the practical implications of the Tate Gallery case, and critically consider the modern law of nuisance more generally.

What You Will Learn

This webinar will cover the following:

• How can owners of tall buildings address the risk of liability for overlooking?
• Considerations for mixed-use developments, and repurposing of property
• Moving to the nuisance - might there still be a claim?
• Tenanted buildings - who is liable, landlord or tenant?
• The relevance of the planning process

This webinar was recorded on 1st March 2023