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Network Rail v Morris [2004] EWCA Civ 172 Court of Appeal

The claimant ran a recording studio in Croydon. The studio was situated 80 metres from the London to Brighton main line railway track. In 1994, new track circuits were installed which operated the signalling system on the rail track. This circuit system generated an electro-magnetic field which interfered with the use of the electric guitars on the claimant’s premises. This resulted in him losing several clients. The claimant brought an action in nuisance for the interference.

Held:

The defendant was not liable. The use of amplified electric guitars fell into the category of extraordinary sensitive equipment. Furthermore the interference was not foreseeable.
 
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