Compensation for harm caused by nuclear installations: what’s the damage?

Abstract

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.

Citation

Lee, R. and Stech, R. (2018), "Compensation for harm caused by nuclear installations: what’s the damage?", Journal of Property, Planning and Environmental Law, Vol. 10 No. 1, pp. 17-35. https://doi.org/10.1108/JPPEL-06-2017-0020