A landmark property/privacy case in which the leaseholders of flats at Neo Bankside argued that the Tate was liable in nuisance for operating a viewing gallery in a way which enables visitors to engage in “viewing” into their flats.

Mann J held that: (i) the law of privacy can, in an appropriate case, protect privacy (amongst other things, to protect the privacy rights under Art 8 of the European Convention); (ii) the viewing gallery did substantially interfere with the claimants’ use and enjoyment of their flats; but (iii) the claimants’ flats had especially big windows and so the privacy invasion should be regarded as being self-induced.

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