London Daily

Focus on the big picture.
Sunday, Sep 20, 2026

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
Ed Sheeran Tour Faces Backlash After Macklemore Is Removed Over Pro-Palestinian Remarks
Vandalism of Traffic Cameras Intensifies Across Parts of England
Nearly 300 Evacuated as Fire Hits Grand Burstin Hotel in Folkestone
King Charles Warns AI Executives About Risks From Uncontrolled Technology
Church of England Apologises for Role in Historical Forced Adoption Practices
UK Debate Over Online Speech Intensifies After Arrest Figures Draw Scrutiny
Oxfordshire Village Holds Symbolic Independence Vote Over Asylum Accommodation Plan
Nigel Farage and Richard Tice Sue National Crime Agency Over Alleged Banking Data Leaks
Apple Introduces Stricter Age Checks for UK Accounts
BBC Cash Reserves Fall 66% to £125 Million as Broadcaster Restructures
McLaren Announces £500 Million UK Investment and Plans 1,000 Jobs
Green Party Wins Historic Gorton and Denton By-Election as Labour Falls to Third
Burnham Government Prepares October Budget Under Growing Fiscal Pressure
UK Energy Suppliers Pull Fixed-Price Deals as Wholesale Markets Turn More Volatile
Bank of England Holds Rates at 3.75% as Middle East Energy Shock Raises Inflation Risks
Addison Lee Founder Loses £20 Million UK Tax Tribunal Case
BrewDog Creditors Face Losses on About £190 Million of Debt
Harrods Seeks to Recover Abuse Compensation Costs From Mohamed Al Fayed’s Estate
Ed Davey Targets Reform UK as Liberal Democrat Conference Opens
Great Britain Retail Sales Rise 0.5% in August
NHS England Approves Life-Extending Treatment for Incurable Breast Cancer
Proposals to Limit NHS ADHD Diagnoses Draw Criticism From Patient Groups
Resolution Foundation Warns of Housing Cost Crunch for Low-Income UK Families
BBC Cash Reserves Fall to Decade Low as Annual Deficit Reaches £121 Million
Millisecond Software Error Triggered Major UK Air Traffic Control Disruption
Twenty Women Underwent Unnecessary Mastectomies During NHS Cancer Care
Sensitive UK Police Data Found Vulnerable to Access by Foreign Actors
British Steel Faces Renewed Pressure for a Long-Term Financial Plan
MPs Urge Government to End Thames Water Restructuring Talks With U.S. Hedge Funds
Andy Burnham Warns of Difficult UK Budget Choices as Inflation Returns to 3.1%
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
UK Explores Joining Canada-Led Global Defence Bank
Thirlwall Inquiry Highlights Management Failures Surrounding Lucy Letby Crimes
Parliamentary Committee Calls for New UK Law to Address AI Risks to Human Rights
UK Considers Giving Regional Mayors Greater Oversight of Water Companies
UK Opposition Presses Burnham for Stronger Response to Russian Security Threats
Reform UK Faces Scrutiny Over £72 Million in Donations as Political Finance Rules Tighten
Millisecond Software Failure Behind UK Air-Traffic Outage That Cancelled More Than 2,000 Flights
Bank of England Holds Interest Rate at 3.75% as Energy Prices Complicate Inflation Outlook
Burnham Warns of Difficult Choices in October Budget as UK Inflation Rises to 3.1%
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
×