# The Channel Tunnel (International Arrangements) Order 2005, Article 5: Application of civil law

Extent: E+W+S+N.I.

(1) The obligation to comply with—
(a) article 4(3) of this Order; or
(b) article 4 of the international articles,
shall be a duty owed to any person who may be affected by a breach of that obligation and shall be actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.
(2) In any proceedings brought against an infrastructure manager, international grouping or railway undertaking under paragraph (1), it shall be a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid a breach of the duty.
(3) Without prejudice to the right which any person may have by virtue of paragraph (1) to bring civil proceedings in respect of any breach of duty, the obligation to comply with the provisions referred to in that paragraph shall be enforceable by civil proceedings by the Intergovernmental Commission for an injunction or for interdict or any other relief.

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Source: https://www.legislation.gov.uk/uksi/2005/3207/article/5 (the official version)
Page: https://openlegislation.uk/channel-tunnel-international-arrangements-order-2005/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.