Is Overlooking a Nuisance? Supreme Court to Decide24 Dec 2020 | Shilpa Mathuradas
Is overlooking a nuisance? The Neo Bankside residents granted permission to go to the Supreme Court
In February 2020 the Court of Appeal reaffirmed the decision not to allow the Neo Bankside residents an injunction to close part of the Tate Modern’s viewing gallery. The residents have now been granted permission for a final appeal to the Supreme Court.
You will recall that five residents launched a nuisance action claiming that they were under constant surveillance from visitors to the gallery who were looking into their homes and posting photographs on social media. This they claimed was a breach of their human rights and interfered with their enjoyment of their flats. They state that there is little to view from the platform apart from Neo Bankside.
Previously the High Court had said that overlooking could in theory constitute a nuisance but dismissed the residents claim. The appeal was dismissed on the basis that overlooking does not fall within the tort of nuisance. They commented that subject to planning permission being given an owner can actually create windows that overlook a neighbour’s property. The Court of Appeal commented that there are other laws that protect privacy and are better able to weigh up the interests of parties than the Courts.
No date has been set for the matter to be heard by the Supreme Court but it is likely to be in 2021 and it will be interesting to see whether the Supreme Court agree with the Court of Appeal given the far-reaching ramifications.
For more information on Overlooking Nuisance Claims, read Shilpa Mathurada’s recent blog here.
If you have a property litigation issue, and would like to speak to Shilpa Mathuradas, or a member of her team, call 020 7584 8811 or complete an online enquiry form.
Share this article
Shilpa Mathuradas Partner
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
More from ShilpaVIEW ALL
Japanese Knotweed: Knot in my backyard again!
Many will have read the recent case in which a furniture designer pursued his seller successfully after he moved into...Read more
The uncertainties of beginning a building project now
The construction industry is seeing a perfect storm at the moment with labour shortages following Brexit and material costs which...Read more
The End of Ground Rents
The Leasehold Reform (Ground Rent) Act 2022 It has been confirmed that The Leasehold Reform (Ground Rent) Act 2022 will come into...Read more
The new Commercial Rent (Coronavirus) Bill
On the 9th November 2021 the Government announced the new draft Commercial Rent (Coronavirus) Bill. It is proposed that a new...Read more
Can I still claim adverse possession?
The principle of “adverse possession” commonly known as “squatters rights” is a principle which allows a person who does not...Read more
Buying a property where a Party Wall Award...
Buying a house with a party wall agreement Buying a property can already be a stressful process but finding out...Read more
Commercial rent arrears options post-Covid
Whilst we are reminded every day that Covid is very much still with us and that the public should still...Read more
The Risks Of Buying Properties Off Plan!
The Daily Mail reported recently that 300 families a week are having to move into shoddy newly built homes. Not all...Read more
Business eviction ban extended
The Communities Secretary Robert Jenrick announced today (9th December 2020) that business owners affected by the pandemic will have protection from...Read more
Beneficial Interest Claims and Restrictions
Under the Land Registration Act 2002, a restriction can be entered in the register of any property or land by anybody...Read more
Property Litigation lawyer, Shilpa Mathuradas quoted in Inside...
House buyers and sellers should be wary of ‘too good to be true’ property raffles Shilpa Mathuradas, Head of Property...Read more
House buyers and sellers should be wary of ‘...
Property raffles are a legal minefield and many are too good to be true, according to a leading lawyer. There...Read more
Frustration and Force Majeure – Does COVID-19 operate to...
In these unprecedented times, many business owners may be wondering if there is any way that they can cancel or...Read more
Easements – Five Questions Answered
What is an easement? An easement is a right benefitting a piece of land (known as the dominant land) that...Read more
Government eviction reforms “risk increasing delays”
Government plans to end so-called ‘no fault’ evictions – and at the same time expand what amounts to a good reason...Read more
Osbornes win 5 day trial in property dispute at...
In 1985 clients of Osbornes, Mr and Mrs Ali-Khan, purchased a house. For various reasons they were not able to obtain...Read more
Basement developments- How to fight back
Basement developments are growing ever more popular, particularly in wealthy London boroughs, leaving homeowners fearful that neighbours’ excavation projects will...Read more
New Builds, Poor Standards!
This week’s Dispatches programme looked at allegations of shoddy standards, poor customer care and excessive profits being made by...Read more
EMA Decision: Brexit Does Not Frustrate Property Lease
The EMA’s appeal against the decision of the Order of Mr Justice Smith that Brexit would not frustrate the...Read more
LEASEHOLD REFORM – GOVERNMENT RESPONDS
Last year the government invited views on how they should tackle exploitative practise in the leaseholder sector. They have now...Read more
Tenant Fees Act 2019 – Landlords & Letting Agents be Warned
On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on the 1 June 2019 The Act prevents landlord...Read more
Licensing for Houses in Multiple Occupation to be...
In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are afoot and come into...Read more
Are you a tenant who has entered into an assured shorthold tenancy agreement after the 6th of April 2007? If so,...Read more