Fearn and Others v Board of Trustees of the Tate Gallery
| Jurisdiction | England & Wales |
| Judge | Lord Leggatt,Lord Reed,Lord Lloyd-Jones,Lord Sales,Lord Kitchin |
| Judgment Date | 01 February 2023 |
| Neutral Citation | [2023] UKSC 4 |
| Court | Supreme Court |
| Year | 2023 |
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14 cases
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The Manchester Ship Canal Company Ltd v United Utilities Water Ltd
...remedy, as this court explained in Lawrence v Fen Tigers Ltd [2014] UKSC 13; [2014] AC 822 (“ Lawrence”) and Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4; [2024] AC 1 (“ Fearn”). Secondly, statutory controls over pollution have never been treated as a reason for cutting d......
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Harrison Jalla and Others v Shell International Trading and Shipping Company
... ... 13 , [2014] AC 822 , para 3 (per Lord Neuberger); Fearn v Board of Trustees of the Tate Gallery (“ Fearn ”) ... ...
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Michael John Smith v Fonterra Co-operative Group Limited
...will overlap” (at [130], n 117 per Elias CJ, McGrath, Glazebrook and Tipping JJ). Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2024] AC 1 at [18]–[21] per Lord Leggatt SCJ (with whom Lord Reed P and Lord Lloyd-Jones SCJ See above at [105] and below at [148]–[152]. See below......
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Jalla and another v Shell International Trading and Shipping Company Ltd and another
...land: see, eg, Lawrence v Fen Tigers Ltd (“ Lawrence”) [2014] UKSC 13, [2014] AC 822, para 3 (per Lord Neuberger); Fearn v Board of Trustees of the Tate Gallery (“ Fearn”) [2023] UKSC 4, [2023] 2 WLR 339, paras 18 – 20 (per Lord Leggatt); Christian Witting, Street on Torts (16 th edn, 2......
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2 firm's commentaries
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Fearn & Ors v Board Of Trustees Of The Tate Gallery [2023] UKSC 4: First Thoughts
...Ors v Board of Trustees of the Tate Gallery [2023] UKSC 4 The Supreme Court has, by a majority of 3-2 overturned the unanimous decision of the Court of Appeal which had itself, albeit for different reasons, upheld the decision of the trial judge (Mann J.) dismissing the claim. As a result, ......
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My Home Is My Castle (and You Can't Look Inside')
...Court has ruled in the widely-publicised case of Fearn v The Board of Trustees of the Tate Gallery [2023] UKSC 4 that overlooking property can indeed amount to a nuisance that potentially entitles the affected party to an injunction preventing the Whilst based on an unusual set of facts, wh......
2 books & journal articles
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Table of cases
...LLC v Farmers Edge Inc, 2022 FC 22.............................................. 323 Fearn v Board of Trustees of the Tate Gallery, [2023] UKSC 4 ................. 310, 312, 314, 316 Fells v Read (1796), 3 Ves Jr 70, 30 ER 899, [1775–1802] All ER Rep 525 (Ch)......................................
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Injunctions to Protect Property and Reputation
...v Inco Ltd , 2011 ONCA 628, leave to appeal to SCC refused [2011] SCCA No 539. See also Fearn v Board of Trustees of the Tate Gallery , [2023] UKSC 4 [ Fearn ], holding that visual intrusion of large numbers of members of the public viewing London from a viewing platform can constitute a nu......