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 Ago 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 Dez 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 Out 1981

    I think that the conduct of these people—their criminal obstruction—is itself a breach of the peace. 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 Jul 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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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Nuclear Sector Deal — Financing New UK Nuclear Power Projects
    • JD Supra United Kingdom
    The UK government recently published its Nuclear Sector Deal (Sector Deal) as part of the UK’s modern industrial strategy. Recognising the sector’s strategic importance in delivering future energy ...
  • Nuclear Sector Deal — Financing New UK Nuclear Power Projects
    • LexBlog United Kingdom
    By Beatrice Lo and Heeran Caselton The UK government recently published its Nuclear Sector Deal (Sector Deal) as part of the UK’s modern industrial strategy. Recognising the sector’s strategic impo...
  • Nuclear secrets safety sealed
    • LexBlog United Kingdom
    Professor James Chadwick, who discovered the neutron, had sealed the envelope containing the instructions, many decades ago. Chadwick’s prescience is celebrated by the UK’s Royal Society. So is his...
  • Chinese Nuclear Reactor Set for UK Generic Design Assessment
    • JD Supra United Kingdom
    In a statement made to Parliament on 10 January 2017, Minister for the UK’s Department for Business, Energy and Industrial Strategy, Jesse Norman, confirmed that he had requested the UK’s nuclear r...
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