Muirhead v Industrial Tank Specialities Ltd: CA 31 Jul 1985

The plaintiff reared lobsters in tanks into which seawater was pumped for the purpose of oxygenation. The whole purpose of the pumps was to preserve the health of the lobsters. Due to the negligence of the third defendant, the pumps cut out and the lobsters died from lack of oxygen.
Held: The death of the lobsters was physical damage and was recoverable.
O’Connor LJ, Robert Goff LJ, Nourse LJ
[1985] EWCA Civ 16, [1986] 1 QB 507, [1985] 3 All ER 705
Bailii
England and Wales
Cited by:
CitedD Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .

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Updated: 05 February 2021; Ref: scu.262662