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.
Chen Chen, The Unfinished Architecture of Private Nuisance: Bridging the Gap Between Coventry v Lawrence and Fearn v Tate Gallery, Cambridge Law Journal. Published online by Cambridge University Press: 6 February 2026.
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