Compensation for Harm Caused by Nuclear Installations: What's the Damage?
Journal of Property, Planning and Environmental Law
© Emerald Publishing Limited 2018. Published by Emerald Publishing Limited. Licensed re-use rights only.
Purpose: This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty. Design/methodology/approach: This paper is a desk-based legal research. Findings: This study is a discussion of statutory material and case law. Originality/value: This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.
This is the author accepted manuscript. The final version is available from Emerald via the DOI in this record.
Vol. 10 (1), pp. 17-35.