The following Energy practice note Produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:
Civil liability for nuclear damage is governed by two major conventions:
1960 Paris Convention Third Party Liability in the Field of Nuclear Energy (Paris Convention); and
1963 Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention)
The conventions share similar core principles:
liability lies exclusively with the operator of the nuclear installation—this removes the need for other parties to take out insurance, such as those involved with the construction and operation of a nuclear installation
the operator's liability is strict, ie the operator is held liable irrespective of fault or negligence, except in limited circumstances (such as nuclear damage caused by armed conflict, civil war , insurrection, gross negligence of the victim, or as a direct result of a grave natural disaster of an exceptional character). The only proof that is necessary is that the damage for which compensation is sought was caused by a nuclear accident;
liability is limited in amount—this makes it easier for an operator to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.