Blue Circle Industries plc v MoD
Blue Circle Industries plc v MoD
- 1998
- All England Law Reports [1998] ALLER 385-417(33) .
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.
ALLIED MAPLES GROUP LTD V SIMMONS AND SIMMONS
CAMBRIDGE WATER CO LTD V EASTERN COUNTIES LEATHER PLC
COMPENSATION
Contamination
DIMINUTION IN VALUE
DOWNS V CHAPPELL
HUNTER V CANARY WHARF LTD
HUSSEY V EELS
LAND
LIABILITY
LOSINJSKA PLOVIDBA V TRANSCO OVERSEAS LTD
MERLIN V BRITISH NUCLEAR FUELS PLC
NUCLEAR INSTALLATIONS ACT 1965
PHYSICAL DAMAGE
SALEABILITY
SOUTH AUSTRALIA ASSET MANAGEMENT CORPORATION V YORK MONTAGUE LTD
STATUTORY DUTY
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.
ALLIED MAPLES GROUP LTD V SIMMONS AND SIMMONS
CAMBRIDGE WATER CO LTD V EASTERN COUNTIES LEATHER PLC
COMPENSATION
Contamination
DIMINUTION IN VALUE
DOWNS V CHAPPELL
HUNTER V CANARY WHARF LTD
HUSSEY V EELS
LAND
LIABILITY
LOSINJSKA PLOVIDBA V TRANSCO OVERSEAS LTD
MERLIN V BRITISH NUCLEAR FUELS PLC
NUCLEAR INSTALLATIONS ACT 1965
PHYSICAL DAMAGE
SALEABILITY
SOUTH AUSTRALIA ASSET MANAGEMENT CORPORATION V YORK MONTAGUE LTD
STATUTORY DUTY