Network Rail Infrastructure Ltd v Morris

Interference with electronic equipment caused by signalling equipment was not an actionable nuisance, because the interference was not reasonably foreseeable.

Citation
[2004] EWCA Civ 172
Court
Court of Appeal (Civil Division)
Year
2004
Subject
Tort Law
Topic
Nuisance and Rylands v Fletcher

Facts

Mr Morris ran a recording studio near a railway line. Railtrack installed a new track circuit signalling system, which caused electromagnetic interference with the electric guitars used in the studio. Mr Morris lost business as a result, and sued Railtrack in nuisance.

Legal principle

The Court of Appeal held that Railtrack was not liable. Buxton LJ said that the old test of whether the claimant's use was abnormally sensitive should now be treated as part of the general question of whether the interference was reasonably foreseeable. It was not reasonably foreseeable that the signalling system would interfere with the guitars, which were sensitive equipment. The case refined the rule in Robinson v Kilvert.

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