February 27, 2020

On the Case: The Tate Modern appeal, overlooking and nuisance

James Souter and Megan Davies, of Charles Russell Speechlys, join EG's Jess Harrold to discuss the Court of Appeal's decision in the high-profile case Fearn and others v Board of Trustees of Tate Gallery [2020] EWCA Civ 104; [2020] PLSCS 22 - which effectively closes the door on nuisance claims for overlooking.

Souter and Davies take the positions of the Neo Bankside residents and the Tate Modern respectively, addressing the key arguments before the Court of Appeal, explaining the court's findings, and debating whether the correct decision was reached.

In addition, they discuss the potential for the case to go to the Supreme Court.

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