On the platform Instagram there were 124 posts in the period between June 2016 and April 2018. Visitors to the viewing gallery frequently look into the appellants’ flats, sometimes with binoculars, and less frequently take photographs which they post on social media. The viewing gallery attracts hundreds of thousands of people each year with a maximum of 300 visitors at one time. From the south side of the viewing gallery, visitors can see directly into the “winter gardens”, through to the general living accommodation of the flats. On the top floor of the Blavatnik Building there is a viewing gallery which runs all along the four sides and allows visitors to the Tate Modern to enjoy a 360-degree panoramic view of central London. Around the same time, a new extension to the Tate Modern was built called the Blavatnik Building. These flats were designed and constructed between 20. The flats are of a striking modern design, and include “winter gardens”, a type of indoor balcony with floor-to-ceiling windows looking out over London. The appellants are the owners of four flats adjacent to the Tate Modern art gallery. References to paragraph numbers are in bold.
The following discussion quotes from the Court’s own press report. The case, and this appeal, raise important issues about the application of the common law cause of action for private nuisance to overlooking from one property to another and the consequent invasion of privacy of those occupying the overlooked property. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)Īt the outset of this judgment, the Court observed that
The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. Fearne and others v Tate Gallery EWCA Civ 104, on appeal from: EWHC 246 (Ch)
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