Tort Law · Commentary
Visual Intrusion and the Boundaries of Private Nuisance: A Case Commentary on Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4
This case commentary examines the UK SC’s landmark decision in Fearn v Tate Gallery, which established that substantial visual intrusion can constitute actionable nuisance. It evaluates the Court’s adoption of the “common and ordinary use of land” test, highlighting the importance of residential privacy while considering the potential implications for the boundaries between nuisance & privacy law.