Network Rail Infrastructure v CJ Morris [2004]

Facts

  • The defendant installed new railway signals which interfered with the claimant’s recording studio

Issue

  • Could there be liability in nuisance?

Decision

  • No

Reasoning

  • Nuisance not foreseeable and particular sensitivity
  • In any nuisance claim, consider the intensity, duration and frequency of the activity
RELATED CASE  Ashton v Turner [1981]

Posted in Tort Law Revision Notes.

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