Lawyer in the news: Natasha Rees, Forsters

Who? Natasha Rees, senior partner at Forsters, London.

Why is she in the news? Represents owners of flats in London which can be seen from the Tate Modern’s viewing gallery. In a judgment handed down last week, the Supreme Court found that visual intrusion into a home can be considered a private nuisance in some circumstances. The case has been remitted to the High Court to determine an appropriate remedy.

Thoughts on the case: ‘Since the case is ongoing I am not at liberty to discuss the next steps, but I would recommend reading Lord Leggatt’s judgment which provides a very useful analysis of the facts and summary of the key principles of the law of private nuisance. While the judgment confirms that visual intrusion can constitute private nuisance the ramifications are likely to be quite limited. The circumstances of the viewing gallery were unique. It was being used by over half a million people a year, not just to view but also to take photographs and stare using binoculars, meaning that the visual intrusion was very significant and intense. The act of building or the building itself will not cause a nuisance, it is the use it is put to.  Provided that the use is an ordinary or common use, there will be no grounds for a nuisance claim. In terms of future claims there may be some cases which seek to test the level of visual intrusion required to constitute a nuisance, but it is clear it would have to be fairly extreme.’

Dealing with the media: ‘This is a landmark legal case with a significant public interest (see also update, p23). It has featured in the press in a number of countries and it has been surprising to receive requests from journalists in the US and Brazil. It is also a subject that everyone appears to have a view on, including the members of my book club where the WhatsApp messages have become quite heated.’

Why become a lawyer? ‘I studied biology at university but decided not to pursue a scientific career. I wanted an alternative that would be varied and intellectually stimulating, and not too desk-bound.  Although I regularly attend meetings, site visits and court, I have to say I slightly failed at the last requirement particularly during lockdown.’

Career high: ‘Succeeding in the Supreme Court last week comes close but overall it has probably been taking on the role of senior partner at Forsters last September.’

Career low: ‘Losing any case is a career low so receiving both the High Court and the Court of Appeal judgments in Fearn v Tate were difficult times. But it does highlight that persistence can pay off.’