LAW5007 Tort 2 Assignment Sample

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Part 1: In-House Practice Note: Private Nuisance and the Implications of Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4

Private nuisance protects individuals from unreasonable interference with their use or enjoyment of land. Recent case law, particularly Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4, shows that visual intrusion, as well as noise and light pollution, can amount to a nuisance. Key elements include substantial interference, locality, duration, and damage. Defences such as statutory authority, prescription, or consent may apply, while remedies typically involve injunctions or damages.

Introduction: Private Nuisance in Focus

This practice note affords brief information about private nuisance law with an emphasis on the recent case of Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4. It established that where visual intrusion had gone over the top then it did constitute a nuisance, as well as increased the legal possibilities of a personal nuisance. This note defines Singer's claim, and important legal rules, in addition to presents case law concerning it to elucidate the type of legal complaint Singer has against “Bounce.” Its target is to help colleagues by providing the best legal recommendations as well as suggestions about the cases connected with the nuisance such as noise, light pollution, or invasion of privacy. Students often seek help writing assignment to clearly explain legal principles and case law in their academic submissions. In the first part of the work, the rules governing the legal concept of private nuisance will be discussed with emphasis placed on producing the essential ingredients of a prima facie case of private nuisance. It will also focus on unreasonable interference, locality, and damage when it comes to the defences and remedies.

LAW5007 Tort 2 Assignment Sample

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Emily Johnson 6 Years | LLB

Understanding Private Nuisance

Private nuisance law, as an element of private law actionable wrong, aims at shielding a person from interference that is more than trivial which affects his/her use or enjoyment of the land. For a claim to be made, one must prove that the interference is continuing, and unlawful and that it gives rise to a substantial degree of harm. Depending on the type of harassment, frequency, duration, and region of interference, the fault is assigned by the courts. The elements primary constituents of private nuisance are the losses, which may be in the form of noise pollution, additional light, experience of vibrations or smell. The interference must be arbitrary which implies that the interference is excessive of that which is typical or expected. Its reasonableness depends on the location of an area; what may take place in a business centre may not be tolerable in a residential area (Knowles-Ley, 2024). It is also required that the claimant proves that he or she has suffered some special damage and this could be in the form of physical loss of his property or actual loss of use of the land. In the case of Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, the court held that visual intrusion could constitute a cause of action for private nuisance. This particular case can be easily applied to more contemporary issues such as structural developments in today's cities that encroach on the citizens' personal space and comfort (McKee, 2023). There are certain categories of defences applicable to the tort of private nuisance and they are; statutory authority, prescription, and contributory negligence. According to the law, even if the interference is proven to be unlawful, it cannot be deemed as a nuisance if it has been authorized by the law. Possible cures for private nuisance include an injunction, damages, or abatement in cases of various levels of harm. In most cases, the freedom of the claimant and the freedom of the defendant is considered to arrive at the best remedy for the situation. Analysis of private nuisance is particularly important in cases such as Mr. Singer's where noise, light, and invasion of privacy intrude on the use of his land to a disturbing extent. Applying these principles leads to appropriate legal action in handling the nuisance disputes to ensure effective solutions (Todi, 2023).

Key Considerations in Private Nuisance Claims

• Stakeholder: The characteristics of the location are important in this case. Something that can be regarded as a nuisance, for instance in a residential neighbourhood, can barely be judged as such in an industrial district.
• Sensitivity: If the use by the claimant is particularly sensitive which means the claimant incurred a loss as a result of the defendant's act, then the defendant may escape compensation if the interference with the land would not ordinarily be utilized in like manner.
• Enduring Disruptions: Interferences that happen continuously or over an extended period are considered unreasonable, especially, when they occur at periods when one would expect silence.
• Torts: Premeditated ill deeds that amount to nuisance can work to the advantage of the claimant (McManus, 2023). These principles are central to understanding private nuisance under LAW5007 Tort 2.

Defences to Private Nuisance

Common defences include:

• Prescription: If the nuisance has been beyond 20 years without any complain from the plaintiff side, then the defendant may have prescribed the right to continue with the nuisance.
• Statutory rights: it is the activity that is authorised by statute and can be carried out without being considered as nuisance, if done properly.
• Consent: Another defence is that the claimant has consented to the interference. Understanding how these defences interact with the elements of unreasonable interference is an important aspect of LAW5007 Tort 2.

Remedies for Private Nuisance

The primary remedies are:

• Injunctions: Orders obtained from the court restraining the repetition of the nuisance.
• Damages: it means compensation which is recovered by the aggrieved individual for the loss which he has incurred because of nuisance.

Case Update: Fearn v Board of Trustees of the Tate Gallery [2023] UKSC4

The case highlights the evolving nature of private nuisance law, showing that courts are willing to recognize non-physical interferences, such as visual intrusion, as actionable. It emphasizes the importance of balancing public access or commercial interests with individual property rights, setting a precedent for future urban and residential disputes.

Background: Facts of the Case

In Fearn, people living in luxury apartments situated near the Tate Modern art gallery in London stated that people descending the viewing platform can look directly into their homes as a result of which their privacy was grossly violated. The claimants sought an injunction that would enable them to restrain the Tate from making visitors view from the platform, their flats or the claimants sought for damages (Penrose, 2023).

Supreme Court Judgment

In Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, the Supreme Court passed a split judgment whereby three out of the five judges decided in favour of the claimants, therefore recognizing that visual intrusion could constitute a private nuisance. This authority greatly enlarged the parameters of private nuisance chiefly because overbearing trespass and invasion of privacy could cause the defendant's activities to have strict interferences with the claimant's enjoyment of his interest in land. The ruling expanded the definition of a nuisance to mean that interference did not have to be in the form of noise, pollution, or physical encroachment of property; its endurance in terms of vitiating the character of the complainant's property using a visual intrusion could also amount to an unreasonable interference. One of the components predominantly discussed by the Court when defining the issue was whether the current use of the land – as a viewing platform of high intensity – is acceptable. The Court held that such a platform through which people could peek into neighbouring residential houses in an undue manner was not reasonable or incidental to the operation of an art museum (UK Supreme Court, 2025). This affirmed the principle of the loss of easement that stipulates that a landowner should not use his property in a manner that causes undue and unnecessary interference to his neighbours. The other area of public benefit dealt with in the judgment was public nuisance about private nuisance claims. Thus, as has been mentioned, the concept of public benefit can affect the reasonableness decision, yet it does not negate the people's rights as the owners of properties to enjoy it without undue encroachment on it. In any case, the Court stated that even though the activity is of high public importance, there is a need to consider the rights of the individuals affected. This principle is most applicable to urban areas since there is always a conflict of interest between commercial and residential properties (Andrews, 2023).

Implications of the Judgment

The Fearn decision is irrefutably important. It consequently extends the nuisance principle because it acknowledges that visual interference can amount to nuisance hence raising the question of other interferences that are regarded unlawful. This ruling tends to establish the element of privacy in a person's home as essentially pertinent to the utilization and enjoyment of the land as a basis for protecting individuals from undue surveillance. Also, it resolves one of the competing doctrines, the reasonable use, by extending a public benefit, it must not infringe on the rights of an individual. The principles highlighted here are often discussed in LAW5007 Tort 2 when examining privacy and nuisance. This then sets out that programs and development projects are entitled to take into consideration the issue of invasion of the residents' privacy as a limitation to the extent that it has not been previously established. In recognizing visual intrusion as a form of nuisance, the judgment also enhances the rights of homeowners and tenants as it accredits property owners' right against intrusions not only by contact but also by sight that substantially interferes with day-to-day living (Economu, 2021).

Application to Mr. Singer's Case

In the case of Mr. Singer, various aspects fall under private nuisance, especially in line with the Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4. Altogether, his grievances regarding noise pollution, light pollution, and privacy violations were meant to portray that there is a considerable and unjustifiable meddling of his rights to enjoy his property. Since the case took into consideration the fact that visual intrusion entails actionable nuisance as envisaged by the Supreme Court, Mr. Singer may have a good lawsuit against “Bounce”. Noise pollution is one of the aspects highlighted in the story about Mr. Singer. The loud music, and noise produced by participants doing a lot of screaming and rowdiness, especially due to one being half naked, and other patrons especially those that are under the influence of alcohol can amount to an interference that is unreasonable to his right to enjoy his property. There are three aspects which are locality, duration, and intensity in handling noise nuisance in most of the courts. Even though a certain amount of noise is inevitable given the surrounding environment of the Claimant's premises, the Interlocutor doubts that constant and continuous interference during the night can be justified which can be sufficient for the finding of private nuisance. Thus, if it is evident that the noise being made greatly interferes with Mr. Singer's ability to relax within his home, then it may well be considered unlawful interference. Another factor rising significantly is light pollution. This personality has been caused by the squaring frontage that has produced glare into the house as well as the disco ball that continues to flicker into the living room to the extent that Mr. Singer is unable to relax or even watch television comfortably in his own house (Winwood, 2023). In the present technology-driven world, Light pollution has emerged as one of the types of private nuisance especially when the nuisance is intolerable and escapable. If the light produced at “Bounce” is extremely interfering with the quality of life of the applicant, Mr. Singer may be able to justify his claim as being an unreasonable interference.

Moreover, the case of invasion of privacy by drunk patrons hanging around Mr. Singer's windows trying to peer into his house is quite in sync with Fearn's case. In that case, the Supreme Court reasoned that constant irritation can turn into a legal nuisance due to continuous observation. In this regard, the situation where people stand in front of the windows, look at Mr. Singer and intrude into his private space aligns with the Fearn case. The court seems to have ruled that people cannot be subjected to unfair and malicious optical confrontation which means that Mr. Singer could make a subject of invasion of privacy (Field, 2024).

Conclusion

By reviewing and analysing the Fearn case the subject of private nuisance can be seen as flexible, especially when it comes to questions of privacy and new problems of urban life. It is important to turn to the recent judicial precedents and the particulars of the nuisance as it concerns advising a client such as Mr. Singer in the given case.

Part 2: File Note: Private Nuisance Claim – Mr. James Singer vs. "Bounce" Trampolining Centre

Mr. Singer may have a valid private nuisance claim against “Bounce” due to noise, light, and visual intrusions affecting his enjoyment of his home. Based on Fearn, activities that interfere with privacy or cause persistent disturbance can be actionable, even if the business serves the public. Gathering evidence of frequency, duration, and attempts to resolve the problem will strengthen his case. Potential defences like prescription or statutory authority are unlikely to succeed here.

Background and Issues Raised

The firm was approached by Mr. James Singer requesting us to provide advice on whether Mr. James Singer has a valid claim of private nuisance against “Bounce,” a trampolining centre, situated opposite his home where the opening of “Bounce” in its newly renovated premises has resulted in various noise pollution, light pollution, and privacy invasion concerns being raised by Mr. James Singer. He reports hearing drunk patrons shouting at him and people outside his windows and hearing loud music. It is also very hard for him to enjoy his living space, given the glare from new lighting and a flashing disco ball part of a party the authorities are throwing for him. Mr. The privacy glass and headphones that Singer paid for already haven't done much to help his discomfort. Keeping these facts in mind, our issue for consideration is whether Mr. Singer has a legitimate private nuisance claim against "Bounce." Where relevant, the legal principles are those which derive from private nuisance law, but where these principles have been more recently developed, they focus primarily upon the recent Supreme Court judgment Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, which widens the scope of actionable nuisances to include visual as well as auditory, olfactory or other intrusions or invasions of privacy(Knowles-Ley, 2024).

Advice to the client

In light of the developments made in the Supreme Court case of Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4, the advice to be given to the client, Mr. Singer, is that he should indeed consider proceeding with a claim in private nuisance concerning the matters he has raised, particularly, light pollution and invasion of privacy. In the Fearn case itself, the Court broadened the definition of the private nuisance because light annoyance which is in the form of glare or which invades the claimant's sight in the same manner as noise constitutes actionable nuisances. Likewise, the interference by glances of the reflector of the disco ball and light, and drunk people loitering outside his window as complained by Mr. Singer would be equally a nuisance under these principles. As noted in Fearn, the public benefit or interest is considered, nevertheless, it is not at liberty to infringe the individual's right to own their property freely. Consequently, the assertion that “Bounce” is in the business of serving the public good through its actions goes hand in hand with the interference with Mr. Singer's rights to the quiet enjoyment of his property. Nevertheless, I would recommend that Mr. Singer provide more substantiation to his complaints like the records of interruptions, or attempts to address the problem with “Bounce” directly. All this additional information will help to support his argument. Under the circumstances of Fearn, therefore, Mr. Singer must have a meritorious case, particularly on the grounds of privacy and light intrusion(Field, 2024).

Additional information

More information is needed to evaluate the potential personal nuisance claim for Mr. Singer with greater certainty. To begin with, there is a need to obtain more information about how often the noise and light interfere with him the times it does it, and the extent to which it does it. For instance, Mr. Singer has to positively describe when disturbances happen and these may include occasions such as when there is loud music or shouting, or glare from the lights and whether the disturbances are sustained or recurrent. This would help us seek to establish if the interference is as per the law of private nuisance where the interference must be more than a mere annoyance and not reasonable. Secondly, it would also be helpful to find out whether there were any efforts made by Mr. Singer to address the problem with “Bounce”, for example, to try to complain or to report the matter to the management. This can influence the possible remedies since the courts may look at whether the claimant has done his best to avoid creating a nuisance. Besides, it would be relevant to gather more information about any rumours of complaints or legal suits by other inhabitants or interested parties about the same disturbances. Lastly, verifying if Mr. Singer has also been affected by other environmental factors of the area or noise interferences from other sources would be instrumental in determining the general contribution of “Bounce” to the nuisance(Andrews, 2023).

Whether “bounce” may be able to rely on any defences

In the case of Mr. Singer's potential private nuisance against the ‘Bounce,' several defences may be invoked by the business as is often used in nuisance cases. The prescription defence is another argument that “Bounce” could use as a defence. This defence comes up when the nuisance was undertaken for not less than 20 years without anyone complaining and the defendant has the burden of proving that the interference was consistent and reasonable all the time. However, in this case, “Bounce” is a rather new bar, the outside look of which was refurbished relatively recently, and the addition of the outside bar and dance floor. Hence, it cannot be a defence for “Bounce” to claim that the activities that are causing the nuisance are of recent origin. One additional reason that could be provided as a defence to the charges is that of a ‘reasonable user'. In the case of Fearn, the Supreme Court had to determine whether it was reasonable for an art gallery to have a viewing platform. However, this defence will not work if the court holds that the activities are unreasonable or beyond what one could be expected to engage in in a trampoline park or venue of that kind. Finally, the "statutory authority” may be a defence if “Bounce” has relevant permits as well as licensing regarding the outdoor bar or extra noise. Nevertheless, if the planning permission does not permit the level of noise or the level of light that Mr. Singer is complaining about then this defence will also be inconsequential (Andrews, 2023).

Conclusion

In conclusion, Mr. Singer appears to have a strong basis for a private nuisance claim against “Bounce,” particularly regarding noise, light, and visual intrusions. Evidence of the frequency, duration, and intensity of the disturbances, along with attempts to resolve the issues, will be crucial in supporting his case. While potential defences such as prescription or statutory authority are unlikely to succeed, careful documentation and legal guidance will help ensure that his rights to the quiet enjoyment of his property are protected.

References

• Andrews, K. (2023) 'A room with a view: The Supreme Court and the law of nuisance,' Journal of Building Survey, Appraisal & Valuation, 12(2), p. 139. https://doi.org/10.69554/cdzs4682.
• Economu, A. (2021) 'Fearn v Board of Trustees of the Tate Gallery: A Lost Opportunity for the UK's Protection of Physical Privacy,' Victoria University of Wellington Law Review, 52(1), pp. 1–28. https://doi.org/10.26686/vuwlr.v52i1.6840.
• Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) - UK Supreme Court (2025). https://www.supremecourt.uk/cases/uksc-2020-0056.
• Field, I. (2024) UNCOMMON AND UNORDINARY: AN AUSTRALIAN PERSPECTIVE ON THE FEARN DECISION. https://www.journalofcommonwealthlaw.org/article/124613-uncommon-and-unordinary-an-australian-perspective-on-the-fearn-decision.
• Knowles-Ley, C. (2024) What is private nuisance? https://www.cognitivelaw.co.uk/what-is-private-nuisance/.
• McKee, D. (2023) Private Nuisance – General Principles l Blog l Nelsons Solicitors. https://www.nelsonslaw.co.uk/private-nuisance/.
• McManus, F. (2023) 'Liability in nuisance: Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4,' Northern Ireland Legal Quarterly, 74(3), pp. 643–656. https://doi.org/10.53386/nilq.v74i3.1101.
• Penrose, A. (2023) Fearn & Ors v Board of Trustees of the Tate Gallery, Supreme Court of the United Kingdom.
• Todi, N. (2023) CRITICAL ANALYSIS OF NUISANCE IN LAW OF TORTS, International Journal of Novel Research and Development. journal-article, pp. b745–b746. https://www.ijnrd.org.
• Winwood, R. (2023) A Path to Reciprocity: Rebalancing the Tort of Private Nuisance after Fearn v Tate Gallery, LAWS 489: RESEARCH PAPER.