A final leg to stand on for the Tate Modern neighbours
Today, neighbouring residents of the Tate Modern will ask the Supreme Court to stop visitors looking into their flats, in what could be a landmark moment for property owners’ rights to privacy. The neighbours allege that the Tate’s viewing gallery – which attracts hundreds of thousands of people and permits a direct view into their glass-walled flats – infringes their right to enjoy their homes.
When you get as far as the Supreme Court, guessing the outcome is a tricky business. The neighbouring flat owners are 2-0 down, having lost in the High Court and the Court of Appeal last February. However, the decisions were reached for very different reasons.
There is a good chance the Supreme Court will agree invasion of privacy by overlooking amounts to a legal nuisance. If it does, then the flat owners should be home and dry given the unprecedented level of over-looking.