London Daily

Focus on the big picture.
Tuesday, Dec 23, 2025

Luxury flat owners lose privacy appeal against Tate Modern viewpoint

Court dismisses latest attempt to stop gallery visitors looking into glass-walled apartments

Residents of flats overlooked by the Tate Modern have lost the latest round of their legal battle with the gallery at the court of appeal.

The owners of four flats in the Neo Bankside development on London’s South Bank took legal action in an attempt to stop “hundreds of thousands of visitors” looking into their homes from the Tate’s viewing platform.

They applied for an injunction requiring the gallery to prevent members of the public observing their flats by cordoning off parts of the platform or erecting screening, to stop what they said was a “relentless” invasion of their privacy.

But the Tate Gallery board of trustees argued that the platform provided “a unique, free, 360° view of London”, and said the claimants could simply draw the blinds. In a ruling last February, the high court accepted that “the complete glass walls of the living accommodation” gave visitors to the viewing gallery a “complete (or largely complete) view” into the flats.

Mr Justice Mann dismissed the claim, and suggested the owners could lower their solar blinds or install privacy film or net curtains.

The judge added: “These properties are impressive, and no doubt there are great advantages to be enjoyed in such extensive glassed views, but that in effect comes at a price in terms of privacy.”

In a ruling on Wednesday, the court of appeal dismissed the owners’ challenge to that ruling.

Announcing the court’s decision, the master of the rolls, Sir Terence Etherton, said: “The court has dismissed the appeal on the basis that overlooking does not fall within the tort of nuisance.”

The judge added the flat owners’ application for permission to appeal to the supreme court had been refused. In a statement after the ruling, Natasha Rees, head of property litigation at Forsters, who acted for the five residents, said her clients were considering a further application to the supreme court.

She added: “The leaseholders are obviously very disappointed with the outcome of the appeal, not least because they lost on a ground raised by the court of appeal.

“This is not a case of ‘mere overlooking’ but a situation that can clearly be distinguished from the type of overlooking experienced between residential or commercial flats and houses, a fact that was accepted by the first instance judge.”

A Tate spokeswoman said in a statement: “We have noted the decision of the court of appeal and are grateful for their careful consideration of this matter. We continue to be mindful of the amenity of our neighbours and the role of Tate Modern in the local community.”

In its judgment, the court of appeal ruled: “Despite the hundreds of years in which there has been a remedy for causing nuisance to an adjoining owner’s land and the prevalence of overlooking in all cities and towns, there has been no reported case in this country in which a claimant has been successful in a nuisance claim for overlooking by a neighbour.”

It added that “what is really the issue in cases of overlooking in general, and the present case in particular, is invasion of privacy rather than … damage to interests in property”.

The court found “there are already other laws which bear on privacy”, such as the Data Protection Act or the Protection from Harassment Act, adding: “It would be preferable to leave it to parliament to formulate any further laws that are perceived to be necessary to deal with overlooking rather than to extend the law of private nuisance.”

At a high court hearing in November 2018, Tom Weekes QC said the Tate was “operating a public viewing platform so as to encourage (hundreds of thousands of) visitors” to look into his clients’ homes.

In a witness statement for that hearing, one of the claimants, Lindsay Urquhart, said: “I feel as though my life revolves around the viewing platform’s opening hours.”

Another claimant, Ian McFadyen, said: “When our blinds are open and the viewing platform is in use, we are more or less constantly watched, waved at, photographed and filmed by people on the viewing platform.”

But Guy Fetherstonhaugh QC, for the Tate, said “the claimants’ remedy for what they perceive to be a nuisance lies in their own hands”, adding: “There is no right to a view.”

He said the claimants were seeking “to force the defendant to close a valued resource, and deny to the public the right to use the viewing platform for its intended purpose, merely to give the claimants an unencumbered right to enjoy their own view”.

Newsletter

Related Articles

0:00
0:00
Close
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
Former UK Prime Minister Boris Johnson proclaims, “For Ukraine, surrendering their land would be a nightmare.”
Microsoft Challenges £2.1 Billion UK Cloud Licensing Lawsuit at Competition Tribunal
Fake Doctor in Uttar Pradesh Accused of Killing Woman After Performing YouTube-Based Surgery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
×