Supreme Court rules privacy of owners of luxury flats breached by Tate Modern viewing platform
The Tate Modern has lost a case at the Supreme Court which found the privacy of the owners of four luxury flats next door was being breached.
The Neo Bankside residents took legal action over the “hundreds of thousands of visitors” looking into their homes from a viewing platform at the world-famous gallery.
In February 2020, the Court of Appeal dismissed their claim, saying they should “lower their solar blinds”.
But yesterday the Supreme Court overturned the decision, after five residents had applied for an injunction requiring the gallery to stop the public looking into their homes by “erecting screening”.
The Supreme Court heard the residents’ flats were approximately 112ft (34m) away from the Tate Modern.
Passing his judgement, Lord Leggatt said the viewing gallery left the residents feeling like they were “being on display in a zoo”.
Lord Leggatt said the lower courts had found that the living areas of the flats – which have floor-to-ceiling windows – were under “constant observation from the Tate’s viewing gallery for much of the day, every day of the week”.
He added it was “not difficult to imagine how oppressive living in such circumstances would feel for any ordinary person”.
The court ruled that creating the viewing platform was not a “normal” use of the museum’s land, and therefore there was a right to complain.
The viewing platform is currently closed and the case has now been referred back to the High Court.
A spokeswoman for the Tate Modern said: “We thank the Supreme Court for their careful consideration of this matter. The Supreme Court has referred the case back to the High Court and as the case is ongoing we cannot comment further.”
Pictured top: The luxury flats in view of the Tate Modern (Picture: PA)
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