CA 10 June 1998. In July 1989 ponds on land owned by the Atomic Weapons Establishment (AWE) overflowed and caused marshland owned by B to become contaminated with radioactive material. The contamination was disclosed to B in January 1993, whereupon S, prospective purchasers of the estate at an offer of £10.1m broke off negotiations. B issued proceedings against MoD claiming damages for, inter alia, breach of statutory duty under the Nuclear Installations Act 1965 and was awarded damages of around £6m comprising mainly of the loss of a 75% chance of selling the estate and clean up costs. MoD appealed contending there was no breach and that compensation should be limited to the cost of reinstatement of the marshland or the diminution in its value at the date of damage. "Held " B was entitled to compensation under s12 of the Act for damage to the land and all resulting losses, including diminution in value and saleability of the land.