THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY
Abstract
Abstract This article argues that the changes to the tort of private nuisance introduced by the Supreme Court in Fearn v Tate Gallery [2023] UKSC 4 necessitate reconsideration of three areas of uncertainty created by its earlier decision in Coventry v Lawrence [2014] UKSC 13: the principles governing the assessment of locality, the status and content of “coming to the nuisance”, and the exercise of remedial discretion. The decision in Fearn v Tate Gallery significantly increases the importance of these unresolved issues to the workability of the tort, thus intensifying the need for clarification. This article concludes by proposing Fearn -compliant paths towards their resolution.
Fields of Study & Subjects
Legal principles and applications
Comparative International Legal Studies
Legal Cases and Commentary
Publication details
- Journal / source
- The Cambridge Law Journal
- Volume
- 85
- Issue
- 1
- Pages
- 62–93
- Publication date
- 6 February 2026
- Language
- EN