A Practical Guide to Visual Intrusion and the Tort of Nuisance
Language: English
Published by Law Brief Publishing, 2024
- Softcover
- Used

Seller: GreatBookPricesUK, Woodford Green, United KingdomGreatBookPricesUK
AbeBooks seller since January 28, 2020
Condition: Used - As new
£ 61.48
Quantity: Over 20 available
Add to basketItem description from seller
Unread book in perfect condition.
Seller Inventory # 47855004
- Title
- A Practical Guide to Visual Intrusion and the Tort of Nuisance
- Author
- Frazer, Tom
- Publisher
- Law Brief Publishing
- Publication year
- 2024
- Condition
- As New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1916698360
- ISBN 13
- 9781916698369
Following the Supreme Court’s landmark decision in Fearn v Board of Trustees of the Tate Gallery, ‘visual intrusion’ is now established as an act that can give rise to liability in the tort of nuisance. The facts of that case, in which the gallery’s use of its viewing platform was found to interfere with the property rights of its residential neighbours, are unlikely to reoccur. Nevertheless, the judgment has opened the door for the law of visual intrusion to expand and develop, especially in the context of disputes between neighbours.
This book explores the meaning of the term ‘visual intrusion’, including an assessment of the acts which might fall within its scope, and its place within the wider tort of nuisance. It examines the various elements of the cause of action which any claimant will need to establish, as well as the remedies they may be able to obtain and the defences that may prevent them from doing so. This book also considers in detail the Supreme Court’s consideration of the test for liability in cases of nuisance for interference with the use and amenity of land.
ABOUT THE AUTHOR
Tom Frazer is a barrister practising from Selborne Chambers in all areas of property and commercial chancery law. He is based in London, but frequently acts in proceedings across the breadth of England and Wales. Tom is also called to the Bar in the British Virgin Islands, acting as a consultant to, and appearing on behalf of, law firms within that jurisdiction. Tom has a first-class degree in ancient history from the University of Bristol and studied for his Graduate Diploma in Law at City University London. He is qualified to accept direct access work.
CONTENTS
Introduction – ‘Visual Intrusion’ And the Case of Fearn
Fearn v Board of Trustees of the Tate Gallery
‘Visual Intrusion’
Chapter One – Visual Intrusion in the Context of Nuisance
Locating ‘Visual Intrusion’ In Nuisance
Essential Elements of the Cause of Action
Chapter Two – Actionable Interference and ‘Unreasonable User’ In Light of Fearn
The Judgment of the Majority in Fearn
The Locality Principle
The Dissenting Judgment in Fearn
Chapter Three – What Constitutes Visual Intrusion?
The Complaint in Fearn and ‘Overlooking’
Examples of Conduct That May Give Rise to Liability
Visual Intrusion Distinguished From Other Species of Nuisance
Chapter Four – Defences to Visual Intrusion
The Defendant’s Right to Carry on an Activity
Coming to the Nuisance
Sensitivity of the Claimant’s Property
Protective Measures
Public Interest and Planning Permission
Chapter Five – Remedies for Visual Intrusion
Injunctive Relief
Damages
Limitation
Conclusion
"Synopsis" may belong to another edition of this title.
GreatBookPricesUK
Woodford Green, United Kingdom
AbeBooks seller since January 28, 2020
Shipping rates from United Kingdom to U.S.A.
| Item | 10 to 27 business days | 10 to 30 business days |
|---|---|---|
| First item | £ 15.00 | £ 15.00 |
Payment methods
Store description
GreatBookPrices.com is your top source for finding new books at the absolute lowest prices, guaranteed ! We offer big discounts - everyday - on millions of titles in virtually any category, from Architecture to Zoology -- and everything in between. Discover great deals and super-savings, on professional books, text book titles, the newest computer guides, or your favorite fiction authors. You'll find it all - at HUGE SAVINGS - at GreatBookPrices. Browse through our complete online product catalog today. Serving customers around the world for years, we help thousands find just the books they're looking for -- at incredibly low, bargain prices.…
Specialty
TradeBooksSeller's business information
Far Corner Europe Limited
19-20 Bourne Court, 19-20 Bourne Court
Woodford Green, United Kingdom IG8 8HD
Terms of sale
Company Name: GreatBookPricesUK
Legal Entity: Far Corner Europe Limited
Address: 19-20 Bourne Court, Southend Road, Woodford Green Essex, UK IG8 8HD
Registration #: 10691061, VAT GB307932304
Authorized representative: Danielle Hainsey
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to GreatBookPricesUK, Castle Donington, Derby, United Kingdom, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Shipping terms
Our warehouses across the globe are fully operational without substantial delays. We are working hard and continue to overcome the daily challenges presented by COVID-19. There have been reports that delivery carriers are experiencing large delays resulting in longer than normal deliveries to customers. We would like to apologize in advance if your item arrives later than the expected delivery due date.
Internal processing of your order will take about 1-2 business days. Please allow an additional 4-14 business days for Royal Mail delivery.