The extraordinarily sensitive problem of liability in nuisance
Franklin, K.
The extraordinarily sensitive problem of liability in nuisance - 2004 - Architects' Journal 219(23) 10 June 2004, 44(1) .
Discusses the issue of nuisance. In "Network Rail Infrastructure Ltd v CJ Morris" ([2004] EWCA Civ 172, [2004] All ER D (342) Feb) it was decided whether it was foreseeable that magnetic radiation, caused by the installation of a new track circuit as part of a railway signalling system, would cause interference at a recording studio 80 metres away. Also discusses "Robinson v Kilvert" (CA, 41 ChD 88) where paper and twine manufacturer Robinson and Co rented a ground floor from the Kilvert family. When the Kilvert family started to manufacture paper boxes in the basement, the process used damaged the paper stocks above. Both cases conclude that liability in nuisance depends on whether it can be foreseen, which is unlikely if the nuisance concerns an unlikely result. View "Network Rail" at www.bailii.org.
NETWORK RAIL INFRASTRUCTURE LTD V C J MORRIS
ELECTROMAGNETIC FIELDS
NUISANCE
LIABILITY
ROBINSON V KILVERT
The extraordinarily sensitive problem of liability in nuisance - 2004 - Architects' Journal 219(23) 10 June 2004, 44(1) .
Discusses the issue of nuisance. In "Network Rail Infrastructure Ltd v CJ Morris" ([2004] EWCA Civ 172, [2004] All ER D (342) Feb) it was decided whether it was foreseeable that magnetic radiation, caused by the installation of a new track circuit as part of a railway signalling system, would cause interference at a recording studio 80 metres away. Also discusses "Robinson v Kilvert" (CA, 41 ChD 88) where paper and twine manufacturer Robinson and Co rented a ground floor from the Kilvert family. When the Kilvert family started to manufacture paper boxes in the basement, the process used damaged the paper stocks above. Both cases conclude that liability in nuisance depends on whether it can be foreseen, which is unlikely if the nuisance concerns an unlikely result. View "Network Rail" at www.bailii.org.
NETWORK RAIL INFRASTRUCTURE LTD V C J MORRIS
ELECTROMAGNETIC FIELDS
NUISANCE
LIABILITY
ROBINSON V KILVERT