For years, tourists at London’s busiest art gallery could also see into the luxury apartments across the way. But that may change after Britain’s Supreme Court ruled on Wednesday that the gallery had violated privacy and nuisance laws.
The gallery, in its initial response, pointed out that the construction plans for the terrace were publicly available when the apartments went on sale in 2012. A former Tate Modern director and an appellate court judge both suggested the apartment owners could easily fix the issue by hanging curtains.
The apartment owners, in turn, offered to pay for a screen to block off the terrace, which Tate Modern declined. In one attempt to restrict peeping, the gallery decreased the platform's open hours.In Wednesday's ruling, Leggatt wrote that the onus for fixing the issue lay squarely on the gallery.
Leggatt wrote that the residents, on the other hand, are"doing no more than occupying and using their flats in an ordinary way and in accordance with the ordinary habits of a reasonable person." "It is no answer for someone who interferes with that use by making an exceptional use of their own land to say that the claimants could protect themselves in their own homes by taking remedial measures," he added.
The court's decision, which could set a precedent for Britain's public spaces, is already drawing criticism for its deference to the comfort of the wealthy few over the enjoyment of the masses.
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