{"title":"私人滋扰:英国最高法院的观点","authors":"Roderick Bagshaw","doi":"10.1515/jtl-2023-0043","DOIUrl":null,"url":null,"abstract":"Abstract Fearn v Board of Trustees of the Tate Gallery, required the UK Supreme Court to resolve claims that by operating an open-air terrace, from which visitors could enjoy a high-level view of London, the defendants were committing the tort of private nuisance against the owners of nearby luxury flats. The Court decided that the intrusive staring into the flats by visitors to the terrace could be a form of private nuisance, but split as to whether the tort was being committed; a minority thought that it would be necessary to take account of the claimants’ flats being glass-walled, and consequently unusually vulnerable to ocular intrusion, and the possibility of the claimants mitigating their discomfort by using blinds, whilst the majority insisted that it was straightforward to hold the defendants liable. This article concentrates on the majority’s re-statement of the basic test for liability in private nuisance, in particular their shift from an approach that assesses the “reasonableness” (or otherwise) of the defendant’s activity to one that relies heavily on a distinction between “common and ordinary” and “special and unusual” uses of land. It concludes that several key elements in the re-statement will require further elucidation, and that the key distinction does not reflect the values that its proponents hoped that it would.","PeriodicalId":39054,"journal":{"name":"Journal of Tort Law","volume":"59 30","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Private Nuisance: The UK Supreme Court Take a View\",\"authors\":\"Roderick Bagshaw\",\"doi\":\"10.1515/jtl-2023-0043\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Fearn v Board of Trustees of the Tate Gallery, required the UK Supreme Court to resolve claims that by operating an open-air terrace, from which visitors could enjoy a high-level view of London, the defendants were committing the tort of private nuisance against the owners of nearby luxury flats. The Court decided that the intrusive staring into the flats by visitors to the terrace could be a form of private nuisance, but split as to whether the tort was being committed; a minority thought that it would be necessary to take account of the claimants’ flats being glass-walled, and consequently unusually vulnerable to ocular intrusion, and the possibility of the claimants mitigating their discomfort by using blinds, whilst the majority insisted that it was straightforward to hold the defendants liable. This article concentrates on the majority’s re-statement of the basic test for liability in private nuisance, in particular their shift from an approach that assesses the “reasonableness” (or otherwise) of the defendant’s activity to one that relies heavily on a distinction between “common and ordinary” and “special and unusual” uses of land. It concludes that several key elements in the re-statement will require further elucidation, and that the key distinction does not reflect the values that its proponents hoped that it would.\",\"PeriodicalId\":39054,\"journal\":{\"name\":\"Journal of Tort Law\",\"volume\":\"59 30\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-12-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Tort Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/jtl-2023-0043\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Tort Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/jtl-2023-0043","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Private Nuisance: The UK Supreme Court Take a View
Abstract Fearn v Board of Trustees of the Tate Gallery, required the UK Supreme Court to resolve claims that by operating an open-air terrace, from which visitors could enjoy a high-level view of London, the defendants were committing the tort of private nuisance against the owners of nearby luxury flats. The Court decided that the intrusive staring into the flats by visitors to the terrace could be a form of private nuisance, but split as to whether the tort was being committed; a minority thought that it would be necessary to take account of the claimants’ flats being glass-walled, and consequently unusually vulnerable to ocular intrusion, and the possibility of the claimants mitigating their discomfort by using blinds, whilst the majority insisted that it was straightforward to hold the defendants liable. This article concentrates on the majority’s re-statement of the basic test for liability in private nuisance, in particular their shift from an approach that assesses the “reasonableness” (or otherwise) of the defendant’s activity to one that relies heavily on a distinction between “common and ordinary” and “special and unusual” uses of land. It concludes that several key elements in the re-statement will require further elucidation, and that the key distinction does not reflect the values that its proponents hoped that it would.
期刊介绍:
The Journal of Tort Law aims to be the premier publisher of original articles about tort law. JTL is committed to methodological pluralism. The only peer-reviewed academic journal in the U.S. devoted to tort law, the Journal of Tort Law publishes cutting-edge scholarship in tort theory and jurisprudence from a range of interdisciplinary perspectives: comparative, doctrinal, economic, empirical, historical, philosophical, and policy-oriented. Founded by Jules Coleman (Yale) and some of the world''s most prominent tort scholars from the Harvard, Fordham, NYU, Yale, and University of Haifa law faculties, the journal is the premier source for original articles about tort law and jurisprudence.