Donal Nolan, ‘Nuisance and Privacy’

ABSTRACT
In this case note, I consider the Court of Appeal decision in Fearn v Board of Trustees of Tate Gallery [2020] EWCA Civ 104, [2020] Ch 621, which concerned whether a claimant could sue in private nuisance for a privacy violation. After reviewing previous authorities on this question, I argue that the ruling that interference with privacy is not actionable in private nuisance is to be welcomed. I also explore the relevance of the ‘abnormal sensitivity’ principle and of possible self-help measures in assessing whether an interference with the use and enjoyment of land is unreasonable for the purposes of a private nuisance claim.

Nolan, Donal, Nuisance and Privacy (January 1, 2021). (2021) 137 Law Quarterly Review 1-6.

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