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ARTICLE · 06 FEBRUARY 2023

Privacy And Visual Intrusion: The Tate Modern Case

Birketts
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The Supreme Court, the highest appeal court in the country, has today found, by a majority judgment of 3:2, that the rights of owners of flats overlooked by thousands of regular visitors to the Tate Modern art gallery's ‘viewing platform' should be afforded protection in the law of nuisance.

United KingdomLitigation, Mediation & Arbitration
Timothy Kirkconel
Timothy Kirkconel

Background

The Supreme Court, the highest appeal court in the country, has today found, by a majority judgment of 3:2, that the rights of owners of flats overlooked by thousands of regular visitors to the Tate Modern art gallery's 'viewing platform' should be afforded protection in the law of nuisance. This is a significant case which signals a development, albeit in a very factually specific case, to the protections of property owners against visual intrusion.

The Tate Modern art gallery on Bankside in London attracts approximately 5.5 million visitors a year, of which an estimated 500,000 to 600,000 visit the Blavatnik Building viewing gallery.

The Blavatnik Building is an extension to the Tate Modern added in 2016 and the viewing gallery provides 360 degree panoramic views of London, including, in particular, the 18th and 19th floor flats of the Neo Bankside residential and commercial development which sits some 34 meters away from it to the south.

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