Tate Modern viewing platform invades privacy of flats, supreme court rules

Court finds owners of apartments opposite London gallery face unacceptable level of intrusion

The owners of luxury flats opposite the Tate Modern's viewing gallery face an unacceptable level of intrusion that prevents them enjoying their homes, the supreme court has ruled.

In a majority judgment, the court determined that the flat owners faced a constant visual intrusion" that interfered with the ordinary use and enjoyment" of their properties, extending the law of privacy to include overlooking - albeit only in extreme cases.

Noting that visitors to the Tate's viewing gallery, which is currently closed, photograph the interiors and post this on social media, Lord Leggatt said: It is not difficult to imagine how oppressive living in such circumstances would feel for any ordinary person - much like being on display in a zoo."

The case involves five owners of four apartments in the Neo Bankside development on the South Bank of the Thames taking action against the Tate over the estimated 500,000 visitors looking into their homes from the viewing platform 34 metres away. The platform, which opened in 2016, provides a panorama of London as well as a direct view into their glass-fronted flats.