Commercial Property Updates from February 2023

Commercial Property Updates from February 2023
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  • 35m
  • All Levels
  • Released 6th Mar 2023
  • Mark Shelton
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This session focuses on the Supreme Court decision in Fearn v Tate Gallery. This is a landmark decision in the law of nuisance, marking the first occasion on which liability has been established for nuisance caused by the visual intrusion. It sets the conceptual ground rules for deciding whether a nuisance of any type is sufficiently serious to be actionable. Developers, as well as those advising occupiers aggrieved by overlooking tall buildings, will need to understand the implications of this decision.

Learning Objectives:

  • Understand the landmark decision in Fearn v Tate Gallery and its implications in the law of nuisance.
  • Recognize the criteria for determining whether a visual intrusion constitutes a sufficiently serious nuisance to be actionable.
  • Explore the implications of the decision for developers and those advising occupiers aggrieved by overlooking tall buildings.



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Mark Shelton

Commercial Property Management Law Trainer • CPM Law Training Ltd

Mark Shelton is a freelance legal trainer, having practised in major commercial law firms for thirty years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds Sutherland LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette, Property Week and Property Law Journal, and the author of books on:

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