The International Forum for Responsible Media Blog

Tag: Nuisance

Case Law: Fearn v Board of Trustees of the Tate Gallery, A Lost Opportunity for the Protection of Physical Privacy? – Aidan Economou

Last year, the High Court decision in Fearn v Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) bolstered common law privacy protections as Mann J acknowledged that invasions of domestic privacy could support an action in private nuisance. The Court of Appeal has now reversed this development and reasserted that overlooking cannot constitute an actionable nuisance ([2020] EWCA Civ 104). This case brief summarises the two judgments, discusses errors in the appellate decision and suggests that Mann J’s extension should have been retained. Continue reading

© 2021 Inforrm's Blog

Theme by Anders NorénUp ↑