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 (Fri,) studied this question.