Commercial Property - Updates from February

This session focuses on the Supreme Court decision in Fearn v Tate Gallery. This is a landmark decision in the law of nuisance, marking the first occasion on which liability has been established for nuisance caused by the visual intrusion. It sets the conceptual ground rules for deciding whether a nuisance of any type is sufficiently serious to be actionable. Developers, as well as those advising occupiers aggrieved by overlooking tall buildings, will need to understand the implications of this decision.

Learning Objectives:

• Understand the landmark decision in Fearn v Tate Gallery and its implications in the law of nuisance.
• Recognize the criteria for determining whether a visual intrusion constitutes a sufficiently serious nuisance to be actionable.
• Explore the implications of the decision for developers and those advising occupiers aggrieved by overlooking tall buildings.