THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY

Journal article

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.

Authors: Chen, C

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Cambridge University Press
• Journal: The Cambridge Law Journal
• Pages: 1-32
• Publication date: 2026-02-06
• Acceptance date: 2025-12-18
• DOI: 10.1017/s0008197325101116
• EISSN: 1469-2139
• ISSN: 0008-1973
• Language: English
• Keywords: locality principle; remedies; coming to the nuisance; public interest; planning permission; private nuisance