Residents of the Neo Bankside development in London have today won their Supreme Court case against Tate Modern, over privacy concerns caused by the gallery’s viewing platform. The five residents argued that the viewing platform allowed gallery visitors to see directly into their homes year-round.
The Supreme Court ruled in favour of the residents today, overturning judgements made by the Hight Court and the Court of Appeal in December 2021. Lord Leggatt who delivered the ruling said the lower courts had found that the living areas of the flats were under “constant observation from the Tate’s viewing gallery for much of the day, every day of the week”.
He continued: “It is not difficult to imagine how oppressive living in such circumstances would feel for any ordinary person – much like being on display in a zoo.”
The viewing platform was installed on the 10th floor as part of an extension to the gallery in 2016, and residents of the flats have claimed they have been more or less constantly watched ever since.
The case will now return to the High Court to decide on a solution.
Andrew Leakey, Head of Civil & Commercial Litigation at Jackson Lees, says:
“This is a rare case where an issue of privacy becomes a nuisance in land law. It will be interesting to see the outcome in terms of a solution at a final hearing. It will also be interesting to see if this unprecedented decision spurs on similar claims to be brought forward elsewhere”.
Jackson Lees can help you with your land or property dispute. If you’re experiencing disruption at the hands of a neighbour, get in touch with our expert team for advice today. Call us on 0151 282 1700 or make an enquiry below.