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ARTICLE · 21 OCTOBER 2026

Nuisance Claims: A New Era!

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We have recently seen a fundamental reshaping of the legal landscape of nuisance, moving beyond traditional disputes over noise or smell to address the complexities of modern land use – such as those arising from viewing platforms in the Fearn -v- Board of Trustees of Tate Gallery case in 2023.

United KingdomReal Estate and Construction
Claire Baker
Claire Baker
Cheraine Williams
Cheraine Williams

We have recently seen a fundamental reshaping of the legal landscape of nuisance, moving beyond traditional disputes over noise or smell to address the complexities of modern land use – such as those arising from viewing platforms in the Fearn -v- Board of Trustees of Tate Gallery case in 2023.

The legal landscape in terms of how such cases are decided has also changed since the Tate Modern case, and the High Court has recently affirmed that approach in the more recent case of Nicholas v Thomas.

The Court’s approach in the Nicholas v Thomas (2025) case clearly demonstrates that developers will need to carefully consider the impact of their development plans on neighbouring properties Given the publicity of these cases, those facing privacy intrusions, or have nuisance concerns, may be more willing to challenge them as a result.

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