Nuclear in UK Law

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Leading Cases
  • R an Taisce (The National Trust for Ireland) v The Secretary of State for Energy and Climate Change NNB Generation Company Ltd (Interested Party)
    • Court of Appeal (Civil Division)
    • 01 August 2014

    This is precisely what happened on the facts of the present case. The elaborate regulatory regime for nuclear power stations is described in the Witness Statements filed on behalf of the Defendant and the Interested Party.

    There is no basis for this distinction, which is both unrealistic and unsupported by any authority. The distinction is unrealistic because elements of many major development projects, particularly the kind of projects within Annex I to the EIA Directive, will still be subject to design changes, and applying Mr. Wolfe's approach those projects will not have "already been designed" at the time when an environmental impact has to be carried out.

  • R an Taisce (The National Trust for Ireland) v The Secretary of State for Energy and Climate Change NNB Generation Company Ltd, The Minister for Environment, Community and Local Government, Ireland and Another (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 20 December 2013

    The position in Gateshead is analogous to the situation here. First, there is no doubt that the existence of a stringent regime for authorisation and planning control is a clear material consideration.

    At the time of the Secretary of State's consideration of whether to grant development consent there was no evidence to suggest that the risk of an accident was more than a bare and remote possibility. In the instant case the regulatory regime is in existence precisely to oversee the safety of nuclear sites. There is nothing in the Directive and Article 7, in particular, to require the regulatory regime to be disregarded.

    In my judgment there is no reason that precludes the Secretary of State from being able to have regard to, and rely upon, the existence of a stringently operated regulatory regime for future control. Because of its existence, he was satisfied, on a reasonable basis, that he had sufficient information to enable him to come to a final decision on the development consent application.

  • R v Chief Constable of Devon and Cornwall, ex parte Central Electricity Generating Board
    • Court of Appeal (Civil Division)
    • 20 October 1981

    There is a breach of the peace whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it. He is entitled by law peacefully to go on with his work on his lawful occasions. If anyone unlawfully and physically obstructs the worker—by lying down or chaining himself to a rig or the like—he is guilty of a breach of the peace.

  • EnergySolutions EU Ltd v Nuclear Decommissioning Authority
    • Queen's Bench Division (Technology and Construction Court)
    • 29 July 2016

    The principles of equal treatment, non-discrimination and transparency require a contracting authority that has adopted a decision-making procedure for assessing bids to comply with it once it has begun to do so. A different way of expressing the same principle is to state that a contracting authority that has set rules for that procedure must follow them, applying those rules in the same way to the different bidders.

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Books & Journal Articles
  • A nuclear South Korea?
    • No. 69-1, March 2014
    • International Journal
    After North Korea’s third nuclear test in February 2013, South Koreans are once again debating whether to go nuclear. Some advocates of South Korean nuclear possession argue that nuclear weapons ar...
  • A new “nuclear normalcy”?
    • No. 15-3, October 2019
    • Journal of International Political Theory
    This article focuses on a part of the “nuclear condition” that is often overlooked in philosophical discussions: that of materiality. Connecting the spheres of nuclear weapons (and associated secur...
  • Nuclear energy.
    • No. 2011, January 2011
    • Financial Management (UK)
    • Prime number
    ...The leak of radioactive material from Japan's tsunami-damaged Fukushima nuclear power plant has been a blow for the industry. Governments in countries such as Germany and Italy have come 0 under increased pressure to roll back their investment plans ......
  • Nuclear Proliferation
    • No. 2-3, November 1967
    • Cooperation and Conflict
    • 0000
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Law Firm Commentaries
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