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.
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Author's Biography
Kate Andrews is a property litigator who adopts an advisory and dispute resolution role, as well as a litigious one, on a wide variety of high-profile real estate disputes. She deals with contractual and development disputes, including specific performance claims, injunctions, rights to light, restrictive covenant issues, joint venture disputes, and particularly enjoys advising on the redevelopment of business premises. Kate acts on high-profile real estate disputes for clients including high net worth individuals, property funds and developers. She is a keen advocate of alternative dispute resolution and has been able to settle a number of complex legal disputes at mediation or by without prejudice discussions. Kate is the Chair of the Property Litigation Association Education Committee. She is a member of the Steering Committee for Property Litigation for Lexis Nexis and considered an expert litigator for Lexis Nexis Q&A. Kate is also recognised by Chambers and Partners as a Ranked Lawyer for real estate litigation and by Legal 500 as a Leading Individual for real estate litigation.
Citation
Andrews, Kate (2023, September 1). A room with a view: The Supreme Court and the law of nuisance. In the Journal of Building Survey, Appraisal & Valuation, Volume 12, Issue 2. https://doi.org/10.69554/CDZS4682.
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