The Law Reports (Chancery Division)
[2020] Ch 621
Court of Appeal
Fearn and others
v
Board of Trustees of the Tate Gallery
[2020] EWCA Civ 104
2020 Jan 21, 22; Feb 12
Sir Terence Etherton MR, Lewison, Rose LJJ
Nuisance— Cause of action— Privacy— Art gallery’s walkway allowing visitors to view interior of neighbouring flats— Whether invasion of privacy by overlooking capable of giving rise to cause of action in private nuisance— Whether Convention right to respect for home and private life requiring tort of nuisance to be extended to include overlooking—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8
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