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A Practical Guide to Visual Intrusion and the Tort of Nuisance

A Practical Guide to Visual Intrusion and the Tort of Nuisance

Author: Tom Frazer
Publisher: Law Brief Publishing
ISBN: 9781916698369
Published In: June 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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Contents

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Following the Supreme Court’s landmark decision in Fearn v Board of Trustees of the Tate Gallery, ‘visual intrusion’ is now established as an act that can give rise to liability in the tort of nuisance. The facts of that case, in which the gallery’s use of its viewing platform was found to interfere with the property rights of its residential neighbours, are unlikely to reoccur. Nevertheless, the judgment has opened the door for the law of visual intrusion to expand and develop, especially in the context of disputes between neighbours.

This book explores the meaning of the term ‘visual intrusion’, including an assessment of the acts which might fall within its scope, and its place within the wider tort of nuisance. It examines the various elements of the cause of action which any claimant will need to establish, as well as the remedies they may be able to obtain and the defences that may prevent them from doing so. This book also considers in detail the Supreme Court’s consideration of the test for liability in cases of nuisance for interference with the use and amenity of land.

Introduction – ‘Visual Intrusion’ And the Case of Fearn

Fearn v Board of Trustees of the Tate Gallery

‘Visual Intrusion’

Chapter One – Visual Intrusion in the Context of Nuisance

Locating ‘Visual Intrusion’ In Nuisance

Essential Elements of the Cause of Action

Chapter Two – Actionable Interference and ‘Unreasonable User’ In Light of Fearn

The Judgment of the Majority in Fearn

The Locality Principle

The Dissenting Judgment in Fearn

Chapter Three – What Constitutes Visual Intrusion?

The Complaint in Fearn and ‘Overlooking’