London Daily

Focus on the big picture.
Saturday, Oct 24, 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
Tour de France Organizers Confirm Historic Grand Depart Featuring Edinburgh and Yorkshire Stages
National Cyber Security Centre Issues Urgent Alerts Following Global Security Vulnerability in Core Programming Software
Independent Energy Analysts Warn Great Britain Faces Highest Winter Power Tariffs in Europe
Major British Defense Contractors Commit to Delivering Forty Thousand New Apprenticeships and Training Placements
New Bradford Railway Station Infrastructure Project Approved to Transform Regional Transit Connectivity Across Northern England
Welsh Infrastructure Stakeholders Press Government for Accelerated Local Sourcing in Military and Uniform Manufacturing
Scottish Council Governance Crisis Triggers High-Court Legal Challenge Over Leadership Ouster Bid
High Street Bakery Chain Greggs Announces Major Factory Closures and Seven Hundred Job Cuts
Automotive Manufacturer Jaguar Land Rover Advances Advanced Defense Technology Partnership with European Allies
Treasury and Bank of England Officials Signal Persistent Concern Over Inflation-Driven Interest Rate Path
International Monetary Fund Upgrades United Kingdom Growth Forecast While Issuing Inflation Warnings
National Health Service Leaders Warn of Severe Capacity Pressures as Early Winter Respiratory Infections Surge
Government Issues Emergency Resilience Guidance Advising All British Citizens to Stockpile Essential Supplies
United Kingdom Private Sector Growth Beats Expectations in October Driven by Resilient Services and Manufacturing
Barclays to Cut Five Thousand Jobs in Major Artificial Intelligence Adoption and Cost-Cutting Overhaul
Piper Tomahawk Aircraft Crash Near Drymen in Stirling Claims Two Lives as Investigators Deploy
North Sea Transition Authority Approves Jackdaw Gas Field Production After Ministerial Authorization
Government Injects One Hundred and Forty Million Pounds to Expand Urgent Care Ahead of Winter Crisis
Department of Health Warns Further Pay Rises Will Derail National Health Service Waiting List Targets
Major Environmental Emergency Declared in South Wales Following Aerospace Kerosene Spill
Tank Barrel Production Returns to Britain as Defence Contractors Accelerate Domestic Rearmament
Government Approves Controversial Jackdaw Gasfield Development in the North Sea
National Health Service Maternity Safety Review Condemned Over Flawed Artificial Intelligence Integration
Dozens of United Kingdom Government Services Taken Offline Amid Critical Software Vulnerability
Barclays Announces Five Thousand Job Cuts Citing Artificial Intelligence Productivity Gains
Treasury Relaxes Post-Financial Crisis Accountability Rules for City of London Executives
United Kingdom Government Issues Unprecedented Guidance Urging Citizens to Stockpile Essential Supplies
United Kingdom Consumer Inflation Accelerates to Eleven-Month High Driven by Transport Costs
United Kingdom Public Sector Net Debt Breaches Three Trillion Pounds Ahead of Autumn Budget
Department for Science, Innovation and Technology Commits Fifty Million Pounds to Establish Regional Artificial Intelligence Innovation Clusters
Ofgem Directs Major Energy Suppliers to Expand Vulnerable Household Support Funds Ahead of Winter Heating Season
Home Office and National Police Chiefs Council Unveil New Intelligence-Led Strategy to Tackle Organised Immigration Crime Networks
First Minister John Swinney Secures Scottish Parliament Approval for Comprehensive Climate and Green Energy Infrastructure Strategy
National Health Service England and Trades Union Congress Finalize Agreement on Emergency Winter Staffing and Pay Frameworks
HM Treasury and Department for Business and Trade Announce Multi-Billion-Pound Sovereign Investment Pact to Spur Regional Advanced Manufacturing
Bank of England Governor Andrew Bailey Signals Potential for Faster Interest Rate Cuts as Domestic Inflation Pressures Ease Below Forecasts
Parliamentary Inquiry Highlights Urgent Need to Address Housing Shortage as Scottish Completions Hit Eleven-Year Low
United Kingdom and Singapore Sign Comprehensive Financial Agreement to Deepen Digital and Sustainable Market Ties
Greggs Announces Plan to Close Four Manufacturing Facilities and Cut Seven Hundred and Forty Jobs
International Monetary Fund Raises United Kingdom Economic Growth Forecast While Warning of Inflationary Pressures
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs Onto Gas to Lower Household Bills
Housebuilding Across Scotland Plummets to Eleven-Year Low Despite Government Pledges to Tackle National Housing Emergency
Greggs Announces Factory Closures Across Northern England and Scotland Affecting Seven Hundred Forty Jobs
United Kingdom and Singapore Conclude Eleventh Financial Dialogue in Singapore to Deepen Cooperation on Digital Finance and Capital Markets
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs to Gas Bills and Tap Windfall Profits to Lower Consumer Prices
British Broadcasting Corporation Announces Major Cost-Cutting Overhaul to Close Linear Broadcast Services for Television Channels BBC Three and BBC Scotland Alongside Digital Radio Station BBC Radio Four Extra
London Capital Markets Face Renewed Scrutiny After High-Profile Offerings Underperform Post-Listing
Green Party Wins Historic First Westminster Parliamentary By-Election in Gorton and Denton
Environment Secretary Emma Reynolds Unveils Sweeping Regulatory Overhaul for English Water Industry
United Kingdom Health Security Agency Confirms Thirty-Four Cases in Kent Meningitis Outbreak
×