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On the Case: Return of Fearn – the Tate Modern, privacy and the Supreme Court

LISTEN Jess Harrold looks ahead to next week’s Supreme Court appeal in Fearn and others v Board of Trustees of Tate Gallery [2020] EWCA Civ 104; [2020] EGLR 14 – a high-profile breach of privacy claim brought by neighbours to the Tate Modern gallery, complaining about a viewing platform that offers panoramic views of London – together with Charles Russell Speechlys partner James Souter and associate Megan Davies.

Each taking a respective side, Souter and Davies rehearse the arguments set to go under scrutiny by the Supreme Court justices – and they don’t pull their punches as they debate the key question of whether the law of nuisance can or should be extended to breach of privacy by overlooking.

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