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Private Nuisance and Private Spaces: Reflections on Fearn v Tate
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Abstract
The recent and controversial decision of the UK Supreme Court in Fearn v Tate Gallery has caused many to question the nature of the law of private nuisance. To many commentators, it has seemed that Fearn expanded the law into new territory, opening up a wide sphere of potential future liability. Many have also felt that the decision is inconsistent with the proper foundations of the law, in particular with the idea that the task of the law is to protect rights incidental to property. This talk questions both of these views. It argues that the scape of Fearn is much narrower than sometimes appreciated. Moreover, it maintains that Fearn helps to reveal a most fundamental aspect of the right that lies at the heart of the law of private nuisance.
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