Fearn and others v Board of Trustees of the Tate Gallery

Nuisance – Flats. The claimants' claim in nuisance and under the Human Rights Act 1998 (the HRA 1998) failed. The claimants owned flats in a block which, they alleged, was looked into by visitors to the neighbouring Tate Modern Museum (the Tate). The Chancery Division held that the Tate had not been exercising a governmental function, and hence the claim under the HRA 1998 failed. With regard to nuisance, while the law of nuisance was capable, in an appropriate case, of operation to protect the privacy of a home as against another landowner, the claimants had been occupying a particularly sensitive property, but they had been operating in a way which had increased that sensitivity.

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