Today, neighbouring residents of the Tate Modern will ask the Supreme Court to stop visitors looking into their flats, in what could be a landmark moment for property owners’ rights to privacy. The neighbours allege that the Tate’s viewing gallery – which attracts hundreds of thousands of people and permits a direct view into their glass-walled flats – infringes their right to enjoy their homes.
When you get as far as the Supreme Court, guessing the outcome is a tricky business. The neighbouring flat owners are 2-0 down, having lost in the High Court and the Court of Appeal last February. However, the decisions were reached for very different reasons.
There is a good chance the Supreme Court will agree invasion of privacy by overlooking amounts to a legal nuisance. If it does, then the flat owners should be home and dry given the unprecedented level of over-looking.