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THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY
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Abstract
This article argues that the changes to the tort of private nuisance introduced by the Supreme Court in
Fearn v Tate Gallery
[2023] UKSC 4 necessitate reconsideration of three areas of uncertainty created by its earlier decision in
Coventry v Lawrence
[2014] UKSC 13: the principles governing the assessment of locality, the status and content of “coming to the nuisance”, and the exercise of remedial discretion. The decision in
Fearn v Tate Gallery
significantly increases the importance of these unresolved issues to the workability of the tort, thus intensifying the need for clarification. This article concludes by proposing
Fearn
-compliant paths towards their resolution.
Title: THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN
COVENTRY V LAWRENCE
AND
FEARN V TATE GALLERY
Description:
Abstract
This article argues that the changes to the tort of private nuisance introduced by the Supreme Court in
Fearn v Tate Gallery
[2023] UKSC 4 necessitate reconsideration of three areas of uncertainty created by its earlier decision in
Coventry v Lawrence
[2014] UKSC 13: the principles governing the assessment of locality, the status and content of “coming to the nuisance”, and the exercise of remedial discretion.
The decision in
Fearn v Tate Gallery
significantly increases the importance of these unresolved issues to the workability of the tort, thus intensifying the need for clarification.
This article concludes by proposing
Fearn
-compliant paths towards their resolution.
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