Fearn & others –v- The Board of Trustees of the Tate Gallery

21st – 22nd January 2020

The Claimants brought a case of nuisance and under the Human Rights Act 1998 to protect their rights to privacy in their flats in central London. The Claimants reside in flats in a development adjacent to the Tate Modern museum. The living areas of the Claimants’ flat interiors are overlooked to varying degrees by visitors to the museum in a new extension of the Tate Modern. The Claimants brought an action for an injunction requiring Tate Modern to close part of the gallery which gives the views into their respective flats, though screening was proposed as an alternative. Their privacy rights are said to arise via the law of nuisance and/or under the Human Rights Act 1998 on the basis that the Tate Gallery is a `hybrid’ public authority against whom the Act can be directly enforced.

Click here for lower court Judgment:

https://www.bailii.org/ew/cases/EWHC/Ch/2019/246.html

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1 (final part)

Press Statement