A Discussion of Fearn v Board of Trustees of the Tate Gallery

On 21 March 2023, the Obligations Group were pleased to host a lunchtime seminar presented by Professor Donal Nolan (University of Oxford).

In February this year the UK Supreme Court handed down its significant and controversial decision in Fearn v Board of Trustees of the Tate Gallery, which concerns the boundaries of private nuisance. The Court held (3-2) that, by inviting members of the public to a viewing platform on the top floor of a new extension to the Tate Modern art gallery, which looked directly into nearby flats, the Board of Trustees committed the tort of private nuisance. Professor Nolan offered some brief thoughts on the decision followed by general discussion.

Photo by Jay Mullings on Unsplash

About the Speaker

Donal Nolan is Professor of Private Law in the University of Oxford and Francis Reynolds and Clarendon Fellow and Tutor in Law at Worcester College, Oxford. He is also a Senior Fellow at Melbourne Law School, where he co-teaches Current Issues in Negligence in the Melbourne Law Masters program. His research is focused primarily on the law of tort, and in particular on the law of negligence, the law of private nuisance and the interface between tort law and public law.

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