And, as I understand it, it was the Tate's initial failure to do anything to restrain their visitors that caused the Supreme Court to decide as they did.

It's worth noting that it has since re-opened - but access to the side directly overlooking the flats is restricted, and there are now signs asking visitors not to take intrusive photos: https://www.timeout.com/london/news/the-tate-modern-has-reop...