Flat owners claiming Tate Modern viewing platform violates privacy told law may ...

Flat owners claiming Tate Modern viewing platform violates privacy told law may ...
Flat owners claiming Tate Modern viewing platform violates privacy told law may ...

Luxury apartment owners who claim the Tate Modern viewing platform violates their privacy have been told the law may not offer any solution after taking their fight to the Supreme Court. 

Wealthy residents in four plush flats in the South Bank block have mounted a battle to close down the gallery which allowed 'hundreds of thousands' of visitors to peer into their homes.

They applied for an injunction requiring the Tate to cordon off parts of the gallery or to erect screening to block their view of the Neo Bankside development.

After losing the latest stage of their legal battle at the Court of Appeal in February last year, the owners have now taken their case to the Supreme Court.

Guy Fetherstonhaugh QC, for the Tate, disputed his opponent's argument that 'there was a right to prevent overlooking and safeguard privacy'.

He pressed that in many cases, as in this one, there are simply no solutions in law - and suggested a common sense conclusion would be to simply put up blinds.

A photograph taken from the viewing platform in 2016 shows how visitors can see into the apartments at Neo Bankside (pictured, Mail on Sunday's Charlotte Wallace showing how visible residents are)

A photograph taken from the viewing platform in 2016 shows how visitors can see into the apartments at Neo Bankside (pictured, Mail on Sunday's Charlotte Wallace showing how visible residents are)

The viewing platform seems to give a perfect view of Neo Bankside apartments (pictured) 

A graphic showing the locations of the multi-million pound flats (pictured right) and the viewing platform (left)

A graphic showing the locations of the multi-million pound flats (pictured right) and the viewing platform (left)

Timeline of the Tate Modern privacy row  

2007 - Councillors approve plans for Neo Bankside, a new £132 development with 217 flats and penthouses in four separate 'pavilions'. 

2009 - The Tate Modern receives planning permission to build Switch House, including a viewing platform. Neo Bankside did not oppose the application.  

2012 - Neo Bankside is completed. 

2016 - The Tate Modern unveils its new viewing gallery on floor 10 as part of its £260m Switch House extension. 

2017 - Residents launch a case claiming their right to privacy under the Human Right Act 1998 have been violated by visitors peering in to their flats. 

February 2019 - High Court judge Mr Justice Mann agrees there is an intrusion of privacy but says this wouldn't have happened if the flats had normal-sized windows, so dismisses the claim. 

February 2020 - The Court of Appeal backs the High Court's decision and throws out the claim. Master of the Rolls Sir Terence Etherton also denies the owners' bid for the case to be heard in the Supreme Court. 

December 2021 - The case is heard in the Supreme Court in a last-ditch attempt by the home owners to have the gallery closed.  

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'As Lord Lloyd commented in Hunter, there are many wrongs which do not have a remedy and, in such cases, it is really not for the court to progress to fill the gap,' he said.

'If there is a need for the remedy, it should be Parliament that does it.'

The Hunter case involved

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