The Supreme Court will give judgement next week in a much-anticipated case about privacy in planning, brought by neighbours of London art gallery Tate Modern.
Residents of Neo Bankside, an exclusive apartment block on London’s South Bank, are suing Tate over a viewing deck that has been erected on the side of gallery.
They say the deck is a “nuisance” as it enables visitors to the gallery to look directly into their multimillion-pound apartments, turning their homes into a “public exhibit”.
The residents have been fighting the case though the court system since at least 2018, and have not yet been successful.
In February 2019, High Court judge Mr Justice Mann rejected the residents’ claim, ruling that, by living in homes with floor-to-ceiling windows, residents had created a “self-induced incentive to gaze”. He suggested residents install net curtains.
In December 2020, the Court of Appeal also found against the residents. They appealed to the Supreme Court, which heard the case in December 2021.
The case has now been listed for judgment on 1 February, meaning judges have been mulling the case for more than a year.
While 14 months is longer than usual, the court can take its time to reach a verdict. Last year the Supreme Court ruled on one case after 15 months of deliberation and another after 18.
Charles Russell Speechlys partner James Souter said in an interview last month that the delay may well reflect the complex legal principles at stake.
The case centres on the definition of “nuisance”. Both the High Court and Court of Appeal found that “visual intrusion” does not qualify as a nuisance. Lawyers for the resident of Neo Bankside say that it does.
“This was a case that piqued the public interest and gave rise to headlines along the lines of ‘people in glass houses’,” said Souter.
“Underneath the excitable headlines, there is a point of significant interest to the worlds of law and property. There has been much debate in the legal world as to whether the law of nuisance will be extended by the Supreme Court.”
While the High Court and Court of Appeal both found against the residents, they did so for different reasons. Therefore, there is no reason to believe that next week’s judgment will be a foregone conclusion.
“My own view is that it could well be third time lucky for the neighbouring flat owners and that perhaps part of the delay could result from the Supreme Court justices struggling with what is a very finely balanced point of law.”
Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent)
Supreme Court (Lord Reed, Lord Lloyd-Jones, Lord Kitchin, Lord Sales, Lord Leggatt). Hearing date 7, 8 December 2021. Judgment scheduled for 1 Feb 2023
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