The long awaited outcome of a nuisance dispute between the owners of luxury flats opposite the Tate Modern viewing gallery in London has been resolved.  The Supreme Court has decided the viewing gallery results in the owners of the flats facing an unacceptable level of intrusion.  This level of intrusion prevents the flat owners from enjoying their homes and so creates a nuisance.

 

The Supreme Court disagreed with the Court of Appeal and their decision that an actionable nuisance does not arise.  The Supreme Court has been very careful not to open the floodgates to numerous new neighbour disputes.  The Court made it clear the case is specific and to some extent exceptional.  However, no doubt new cases and issues will flow from the judgment which neighbours, especially those facing a new development or extension to a neighbouring property will carefully consider.

The judgment did not include a remedy and the case will return to the High Court for a decision on what occurs next.  This is likely to be either damages paid to the flat owners or alternatively an injunction restricting viewing rights.

 

Matthew Blood has experience in dealing with property nuisance claims including those with a privacy element and general neighbour, domestic and commercial property disputes.