Hitting the high spots: 2023 in construction law

Rupert Choat Dec 2021

The legal highlights of 2023 include a case on a high-up viewing platform and a new regime for high-rise residences

The year began with the Supreme Court’s majority decision that the Tate Modern’s 10th-floor viewing gallery was an actionable nuisance (Fearn vs Tate). Visitors to the Tate could see into neighbouring flats whose walls are mainly made of glass. Barriers now block access to the platform’s south side..

Another Supreme Court judgment in 2023 addressed the situation where a defendant deliberately conceals a fact relevant to a claim (Canada Square vs Potter). In such cases, the limitation period for suing is deferred until the claimant discovers, or could with reasonable diligence have discovered, the concealed fact. Many of the authorities in this area are latent defects cases. The court cast aside subtleties added by previous judgments, reverting to the plain words of the Limitation Act 1980.

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