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THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY

Chen Chen

Cambridge Law Journal2026https://doi.org/10.1017/s0008197325101116article
ABDC A*
Weight
0.50

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.

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https://doi.org/https://doi.org/10.1017/s0008197325101116

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@article{chen2026,
  title        = {{THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY}},
  author       = {Chen Chen},
  journal      = {Cambridge Law Journal},
  year         = {2026},
  doi          = {https://doi.org/https://doi.org/10.1017/s0008197325101116},
}

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THE UNFINISHED ARCHITECTURE OF PRIVATE NUISANCE: BRIDGING THE GAP BETWEEN COVENTRY V LAWRENCE AND FEARN V TATE GALLERY

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.