Partner Gurpreet Sanghera comments on the implications of the Supreme Court's judgment in Fearn -v- Tate in favour of residents of the luxury flats opposite the Tate Modern's viewing platform, in The Times.
“Whilst at first blush the Supreme Court’s decision in Fearn -v- Tate may seem like a victory for tenants of residential apartments in the towns and cities with the potential to open the floodgates for nuisance claims, the reality may be somewhat different."
"The judgment is clear in that the decision in this case was based on a very specific set of circumstances with the level of intrusion being excessive with an estimated 500,000-600,000 people visiting the viewing gallery each year. This is indeed a rare set of circumstances which is unlikely to apply to your everyday scenario. It will be interesting to see the impact of the Judgement on commercial development and whether residential tenants may seek to use this Judgment as a basis for objecting to development near their homes.”
Gurpreet's comments were published in The Times, 9 February 2023, both online and in print, and can be found here.