A room with a view: The Supreme Court and the law of nuisance

Abstract

The Supreme Court has provided a landmark judgment in the law of private nuisance, overturning the decisions of the High Court and Court of Appeal, and being decided by a narrow 3:2 majority to create one of the most captivating judgments handed down in recent times for property litigation. This case concerned the appeal to the Supreme Court from the residents of luxury flats overlooked by the Tate Modern Gallery viewing platform. The viewing platform was once considered one of London’s best free viewpoints; indeed, the Supreme Court Justices describe it as a ‘striking view of London’. It has, however, caused a great deal of controversy with its neighbours over the last six years and their story has generated a remarkable amount of publicity. While it had previously been acknowledged that nuisance need not amount to physical interference, the question of whether there was, or should be, a right to prevent public overlooking had never been considered within the scope of private nuisance before.