Learn more about Peltz-Steele v. UMass Faculty Federation at Court Listener and the Liberty Justice Center. Please direct media inquiries to Kristen Williamson.

Monday, May 17, 2021

Posh Londoners poo poo peekaboo performance art

"Rear Window" by Anthony O'Neil, CC BY-SA 2.0
Residents who live opposite the Tate Modern, an art museum in London on the south bank of the Thames, sued the Tate for private nuisance and will have their appeal heard by the U.K. Supreme Court.  Residents of the swank NEO Bankside apartment building grew discontent two years ago when a new 360-degree viewing platform at the Tate afforded hundreds of thousands of visitors annually a generous vantage point on private quarters as close as 34 meters away.  Some Tate tourists took pictures and shared to social media insights into the private lives of London apartment dwellers.  The problem in legal terms is whether "overlooking" is a private nuisance, and the general rule, at least in an urban environment, is that it is not.  Accordingly, the residents lost in the High Court in 2019 and in the Court of Appeal in 2020.  Not to be deterred, the resident-plaintiffs will press on in the Supreme Court this year.  The case is Fearn v. Tate, [2020] EWCA Civ 104, and Fearn v. Board of Trustees, [2019] EWHC 246 (Ch).  Hat tip to Art Law & More from Boodle Hatfield.

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