Merlin and Others v British Nuclear Fuels Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 02 April 1990 |
| Date | 02 April 1990 |
| Court | Queen's Bench Division |
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8 cases
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Blue Circle Industries Plc v Ministry of Defence
...the plutonium with the soil in the marsh. 24 To support his submission, Mr Flint referred us to the judgment of Gatehouse J in Merlin v British Nuclear Fuels Plc [1990] 2 QB 557. In that case the plaintiffs claimed that their house had been damaged by radioactive material that had been disc......
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Transco plc v. Stockport Metropolitan Borough Council, (2003) 315 N.R. 123 (HL)
...2 Ch. 588, refd to. [para. 97]. Musgrove v. Pandelis, [1919] 2 K.B. 43, refd to. [para. 107]. Merlin v. British Nuclear Fuels plc, [1990] 2 Q.B. 557, refd to. [para. Blue Circle Industries plc. v. Ministry of Defence, [1999] Ch. 289, refd to. [para. 107]. Autex Industries Ltd. v. Auckland C......
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Transco Plc v Stockport Metropolitan Borough Council
...are largely untouched by common law authority (see as to liability under sections 7 to 12 of the Nuclear Installations Act 1965 Merlin v British Nuclear Fuels plc [1990] 2 QB 557 and Blue Circle Industries plc v Ministry of Defence [1999] Ch 108 The extent of land use to be regarded as "s......
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Magnohard Limited And Others V. The United Kingdom Atomic Energy Authority+the Scottish Environment Protection Agency
..."injury": Rorrison v West Lothian Council, 2000 S.C.L.R. 245; Hansard, 11 February 1965, column 668; Merlin v British Nuclear Fuels plc [1990] 2 Q.B. 557, at pages 570-571. The case of Black v The Braer Corporation, 1999 S.L.T. 1401 was distinguishable, as it concerned a different statute a......
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2 firm's commentaries
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Nuclear Law & Regulation
...of time. 12 Section 7. Section 12 imposes the liability for breach of this statutory duty. See also Merlin – British Nuclear Fuels Ltd [1990] 3 All ER 711 which considers the meaning of "damage" under the 1965 Act at first instance and the later Court of Appeal decision in Blue Circle Indus......
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Fukushima - some implications for the Shipping Industry
...briefly at some decisions of the English courts as regards liability arising from nuclear incidents. In Merlin v British Nuclear Fuels [1990] 2 Q.B. 557 [1], the English courts rejected a home owner's claim for damages under the Nuclear Installations Act 1965 as a result of the reduction in......
3 books & journal articles
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Compensation for harm caused by nuclear installations: what’s the damage?
...injury is not necessarilymaterial damage but could constitute diminution in value of the property (1865) 11 HLCas 642 ,650-52.22. [1990] 2 QB 557.23. At 571.24. [1999] Ch 289.25. At 300.26. At 301.27. See Van de Valle v Texaco Belgium [2004] ECR 1-07613, Case C-1/03 and see Part 2AEnvironme......
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Liability for the Escape of GM Seeds: Pursuing the ‘Victim’?
...use.94 The quote is from AEBC, n 4 above, para 80.95 [1998] 3 All ER 385.96 Contrast the position in Merlin vBritish Nuclear Fuels Ltd [1990] 3 All ER 711, a claim under thesame Act. See further M. Lee, ‘Civil Liability of the Nuclear Industry’ (2000)12 JEL 317.97 A point explicitly recogni......
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The problems and gaps in the nuclear liability conventions and an analysis of how an actual claim would be brought under the current existing treaty regime in the event of a nuclear accident.
...XI.1. (42.) Id. at art. XI.2. The 1997 Protocol amends this for Parties to that Protocol. (43.) Merlin v. British Nuclear Fuels, PLC, [1990] 3 All ER 711, 720-21, [1990] 3 WLR 383. (44.) Id. at 720-21. Section 7 of the Nuclear Installations Act 1965 requires operators to ensure that to ensu......