Civil liability of the nuclear industry

Abstract

The current regimes for civil liability of the nuclear industry were established when the overriding benefits of the peaceful use of nuclear energy seemed clear. They pose major difficulties for potential plaintiffs, and significant obstacles remain to be overcome if a wide range of environmental, property and personal interests are to be addressed by a civil liability regime. Implementation of international conventions concerning liability depends upon domestic legal systems, and the UK system is considered in detail. Key recent British cases involving the nuclear liability issues, including the Merlin, Blue Circle and Reay judgments, are examined. The lack of clear distinction between physical damage to property and contamination makes the legal principles especially uncertain, and legal principles used mainly as a means for providing redress for broken bones and property faces conceptual difficulties when dealing with imperceptible radioactive emissions and effect.