Tom Weekes QC and Richard Moules to appear in pivotal nuisance case in the Supreme Court next week

"Fearn and others v Board of Trustees of the Tate Gallery is listed for 7 and 8 December 2021 with Tom Weekes QC, leading Jacob Dean of 5RB with Richard Moules of Landmark Chambers.

The issue raised by the appeal is whether the owners of flats at Neo Bankside have a claim in private nuisance against the Tate arising from being observed, photographed and filmed from the Tate Modern’s viewing gallery. The appeal will put to rest a long-standing legal controversy (domestically and in the wider common law world) about whether nuisance is capable of providing a remedy against visual intrusions.

Tom Weekes QC sums up the key issues in the case and outlines the decisions which will need to be made in the Supreme Court in this five minute video.

Landmark’s property barristers are scheduled to appear in the Supreme Court representing clients in two separate cases in the coming months with FirstPort Property Services Ltd v Settlers Court RTM Company Ltd and others heard last month. That case concerns the right to manage and centres around concerns leaseholders’ right to exercise the ‘Right to Manage’ their block where their block sits on an estate with multiple properties. How much of the estate do they get to manage? Simon Allison, leading Kimberley Ziya (both of Landmark Chambers) for the Appellant and Rupert Cohen representing the intervener – explained in more details in a video here.

Forthcoming Supreme Court cases over the next few months include:

• Croydon LBC v Kalonga Justin Bates, leading Anneli Robins of 4-5 Gray's Inn Square - Listed for 12 January 2022.
• Candey Ltd v Russell Crumpler and Christopher Farmer (as Joint Liquidators of Peak Hotels and Resorts Limited (in liquidation)) UKSC 2020/0039

David Holland QC, leading Stephen Robins of South Square - Listed for 2 and 3 March 2022