You are no longer a member of Fearn’s legal team at Forsters LLP. You have been hired by the General Counsel’s office at NYU Abu Dhabi. Your legal team has been granted permission to file an Amicus Curiae Brief with the U.K. Supreme Court in the case Fearn & others (Appellants) v Board of Trustees of the Tate Gallery (Respondent), UKSC 2020/0056.
You have been tasked with writing the first draft for the team’s review.
Your boss, Maheen Pfeffer, is not sure what the best outcome of the case is and would like you to decide which side should prevail. She has asked that the Amicus Brief’s argument section contain two parts as follows:
Legal Argument: Amend your Memo to use persuasive language.
Policy Argument: Set out at least two policy considerations that will aid the Court in making its decision as to whether overlooking is a basis for the common law tort of nuisance.
She requires that Part I be in IRAC form. She would like Part II to use equally as persuasive language, and she insists that both be well-reasoned and well-organized. She asks that you address both sides of the arguments. She expects OSCOLA citation format in footnotes.
