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Tate Modern

Tate privacy ruling: Laura Odlind and Mark Reading provide media comment on judgment

Posted on 2 February 2023

Laura Odlind and Mark Reading, Partners in the Property Litigation Group, have appeared in news stories from various publications including the Evening Standard, Property Week, React and CoStar in relation to a high-profile breach of privacy claim brought by the residents of a luxury development near the Tate Modern. The landmark judgment from the Supreme Court has confirmed that overlooking from one property to another is capable of being a private nuisance.

In the Evening Standard, Laura said: "The decision “paves the way” for neighbours to seek assistance from the court “they can show that a neighbour’s use of their property goes beyond that which is an ordinary use and impacts on the amenity of their property”, such as the use of security cameras."

Property Week quoted Mark Reading, in his role as vice chair of the Property Litigation Association, as saying that the ruling was a “surprising outcome” that will “certainly have ramifications”. He added that while the Tate case was a unique example, other privacy-related issues, such as the use of CCTV, are “much more regular and commonplace”. “I think the principle that an abnormal use of land overlooking neighbouring lands can give rise to a cause a nuisance will certainly have ramifications,” he said, adding that developers will “need to drill down on what the phrase ‘abnormal use’ actually means”.

For full analysis of the case read: Supreme Court – Tate viewing platform is a common law nuisance.

Further coverage

BE News
New Law Journal
Property Week

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