Tate-à-Tête (Pt 2)

19 March 2020 / Nicholas Dobson

Issue: 7879 / Categories: Features , Public

Nicholas Dobson revisits the Tate Gallery & discovers that mere overlooking is not nuisance

Nuisance is a property tort involving the violation of real property rights.
Mere overlooking is outside the scope of common law nuisance.

Things can look very different on revisiting. Charles Ryder, for instance, found radical wartime changes to his former Elysium in Evelyn Waugh’s Brideshead Revisited. And on revisiting Highway 61, Bob Dylan discovered a novel take on the biblical Abraham and Isaac story: ‘God said to Abraham: ‘Kill me a son’/Abe said: ‘Man you must be putting me on’.

The Court of Appeal also saw things differently (while achieving the same outcome) on revisiting the Tate Gallery overlooking case in Fearn and others v Board of the Trustees of the Tate Gallery [2020] EWCA Civ 104 (see Tate-à-tête? NLJ 28 June 2019). The approved judgment was handed down on 12 February 2020 by Sir Terence Etherton MR, Lord Justice Lewison and Lady Justice Rose DBE.

Background

The case

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Tate-à-Tête (Pt 2)

Nicholas Dobson revisits the Tate Gallery & discovers that mere overlooking is not nuisance

Nuisance is a property tort involving the violation of real property rights.
Mere overlooking is outside the scope of common law nuisance.

Background

The case

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS

Read All

NLJ this week: Motor commissions & fiduciary duties

The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings

NLJ this week: The power of Interpol red notices

Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ

NLJ this week: Approach with caution post-Mazur

Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?

Philip Sales is selected as next Deputy President

Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year

Tax shock ahead for partners?

Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget

Error message

Tate-à-Tête (Pt 2)

Background

Background

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Jackson Lees Group—five promotions

Taylor Wessing—Max Millington