000 02107cab a2200385 4500
001 ABS59227
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u87913
041 _aeng
245 _aBlue Circle Industries plc v MoD
260 _c1998
350 _a0
490 _aAll England Law Reports
_v[1998] ALLER 385-417(33)
520 _aCA 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.
650 _aALLIED MAPLES GROUP LTD V SIMMONS AND SIMMONS
650 _aCAMBRIDGE WATER CO LTD V EASTERN COUNTIES LEATHER PLC
650 _aCOMPENSATION
650 _aContamination
_96231
650 _aDIMINUTION IN VALUE
650 _aDOWNS V CHAPPELL
650 _aHUNTER V CANARY WHARF LTD
650 _aHUSSEY V EELS
650 _aLAND
650 _aLIABILITY
650 _aLOSINJSKA PLOVIDBA V TRANSCO OVERSEAS LTD
650 _aMERLIN V BRITISH NUCLEAR FUELS PLC
650 _aNUCLEAR INSTALLATIONS ACT 1965
650 _aPHYSICAL DAMAGE
650 _aSALEABILITY
650 _aSOUTH AUSTRALIA ASSET MANAGEMENT CORPORATION V YORK MONTAGUE LTD
650 _aSTATUTORY DUTY
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c07/08/1998
999 _c55481
_d55481