Laura Odlind, a Partner in the Property Litigation Group, is quoted in an EG story relating to a high-profile breach of privacy claim brought by the residents of a luxury development near the Tate Modern. The residents have now taken their dispute with the gallery to the Supreme Court.
Laura said: “This is a really interesting case, and the whole industry is going to be watching. The residents have lost twice already, but the Supreme Court could well decide in their favour on what is a fascinating point of law.
“The issue at the centre of this case is whether overlooking or viewing from a neighbouring property is capable of giving rise to a claim in private nuisance. A victory for the apartment owners bringing the claim is likely to have far wider consequences than bringing about changes to the Tate Modern’s viewing platform. In particular, this would undoubtedly impact on the use of CCTV devices which overlook neighbouring properties. In the recent case of Fairhurst v Woodard, the judge felt bound by the Court of Appeal decision in Fearn in finding that the CCTV surveillance of a neighbour’s property was not capable of being a nuisance.”
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