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GLOSSARY
See Fuel Cycle.
NEWS
MLex: Nuclear energy is among the ‘pillars’ of the green transition success, Hungary said in the program of its upcoming six-month presidency of the Council of the EU starting in July 2024. Geothermal energy will be a priority, but gas infrastructure projects and electricity grid development are also mentioned in the document.
PRACTICE NOTES
Background Nuclear power has been produced commercially in the UK since the 1950s and grew out of the policy need for a nuclear deterrent. The UK has a limited number of nuclear reactors in operation (for more information on operational power stations, see: Operational power stations), although more are due to come online in future as part of the UK’s nuclear power strategy. For more information on the UK’s nuclear strategy, see: Civil nuclear: roadmap to 2050. Nuclear energy in the UK provides approximately 12–15% of the UK’s electricity supply. Most existing nuclear power stations are set to close by 2030, but the government has ambitions to increase production of nuclear energy. One new nuclear power station, Hinkley Point C, is under construction and once
PRACTICE NOTES
The UK nuclear market for construction industry supply chain members is significant. The Nuclear Decommissioning Authority projected spend of £3.3bn for the financial year 2015/16 purely in relation to civil decommissioning—add in military decommissioning and the significant future value of the nuclear new build market and the overall market is huge. The sector requires a wide range of construction-related inputs, from large-scale civil engineering, demolition and project management, through to design services and facilities management (and much more besides). Some of these services require specialist nuclear know-how, others do not (although all members of the nuclear supply chain need to be aware of the special considerations which apply to working in the nuclear sector). The nuclear sector is heavily regulated, especially in the UK, and the contracting structures and documents used can be correspondingly complex. This Practice Note provides an introduction to the sector from a legal adviser's perspective. Sector background The UK nuclear sector can be divided into: • decommissioning (of which civil (ie non-MoD) decommissioning represents the significant majority, and hence will be the focus of this Practice
GLOSSARY
(1) A nuclear site is not land in a contaminated state or land in a derelict state for the purposes of this Part. (2) “Nuclear site” means— (a) any site in respect of which a nuclear site licence is for the time being in force, or (b) any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end.
GLOSSARY
The core of an atom, occupying little of the volume, containing most of the mass, and bearing positive electric charge. It consists of protons and neutrons with the number of protons defining the identity of the element. Different isotopes of the same element have (by definition) the same number of protons but differ in the number of neutrons in the nucleus.
NEWS
The Nuffield Trust has published a briefing examining whether the immigration health surcharge (IHS) reflects visa holders' healthcare costs and whether it provides a sustainable source of NHS funding. Introduced in 2015 at £200 annually, the IHS now stands at £1,035, or £776 for students and child dependants, with the standard rate intended to cover the estimated average cost of healthcare. Income reached almost £2.5 billion in 2024–25, approximately 1% of NHS expenditure, before falling by more than £100 million in 2025–26. The briefing questions the Department of Health and Social Care (DHSC)'s estimated annual healthcare cost of £1,036 per IHS payer, suggesting that assumptions about non-hospital care may overstate actual costs. Its modelling also suggests that the IHS cohort's combined surcharge and tax contributions towards NHS funding in 2023–24 were at least 60% higher than DHSC's estimated healthcare costs for that cohort.
GLOSSARY
Nuisance describes activities or conditions that unlawfully interfere with a person’s use or enjoyment of land, or sometimes with public rights, such as rights of way or public health. It is mainly a common law concept, developed through case law across England and Wales, Scotland, Northern Ireland and Ireland, with broadly similar usage but some doctrinal differences.Private nuisance concerns substantial and unreasonable interference with a person’s land or rights over land (for example, noise, smells, fumes, flooding or structural encroachment). Public nuisance involves conduct that materially affects the reasonable comfort or convenience of a class of the public (for example, obstruction of a highway or large-scale pollution). In some contexts, statutory nuisance is defined and regulated by legislation, particularly environmental and public health statutes, and may sit alongside or replace common law remedies.Nuisance claims are central in property litigation, environmental law, planning disputes and regulatory enforcement. Remedies may include injunctions, damages, or abatement. Liability may arise from creating, adopting or continuing a nuisance, and issues such as sensitivity of the claimant, locality, planning permission and prescription are often critical in practice.
NEWS
Property Disputes analysis: The appeal from the decision of the Court of Appeal in what is now a well-known nuisance case concerning the Neo Bankside development and its neighbouring building, the Tate Modern, Fearn v The Trustees of the Tate Gallery, was heard by the Supreme Court on 7 and 8 December 2021. Judgment was handed down after more than 13 months on 1 February 2023. The appeal was allowed by the majority (Lord Justice Leggatt, with whom Lord Justice Reed and Lord Justice Lloyd-Jones agreed), who concluded that Tate was committing a nuisance in the way in which it operated its viewing gallery. Lord Sales, with whom Lord Kitchin agreed, dissented, finding no nuisance. Over the course of this litigation, six judges have now concluded (albeit for different reasons) that the Tate was not committing a nuisance in operating its viewing gallery, but it is the view of the majority three judges in the Supreme Court that counts. Written by Guy Fetherstonhaugh KC and Elizabeth Fitzgerald, barristers at Falcon Chambers, together with Aileen McColgan KC, represented the Board of Trustees of the Tate Gallery at all levels of the litigation, instructed by Herbert Smith Freehills LLP.
PRECEDENTS
[Short form 1 The Contractor shall take all practicable steps to prevent any trespass, public or private nuisance or other interference with the rights of any adjoining or neighbouring landowners, tenants or occupiers or any statutory undertakers arising out of the carrying out of the Works or any obligation pursuant to clause [2.35
PRACTICE NOTES
This Practice Note explains the law of nuisance in relation to highways, noting that the common law on this issue is expressly preserved by section 333 of the Highways Act 1980 (HiA 1980). It discusses the circumstances in which builders’ works, scaffolding and skips, racing and unsuitable traffic, stationary traffic and bridges and beams across the highway may be a nuisance, referring to common law and statute. It also provides an overview of potential nuisances from adjoining property, including domestic or farm animals, pigeons, smoke and fumes and trees. Common law and statute law In relation to highways, the law of nuisance overlaps considerably with the statutory law (mostly in HiA 1980), but the common law is expressly preserved by HiA 1980, s 333. Pratt and Mackenzie’s Law of Highways (21st edition, 1967) defined a highway nuisance as ‘any wrongful act or omission upon or near a highway, whereby the public are prevented from freely, safely and conveniently passing along the highway’. A nuisance
PRACTICE NOTES
This Practice Note explains the offences which may be committed in respect of nuisance parking and in using the road to repair vehicles on. It includes information on the statutory defences and maximum penalty which may be imposed following conviction. Nuisance parking Nuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences are summary only. CNEA 2005, s 5 provides for the criminal liability of directors and other officers acting in such a capacity, in addition to the company itself being liable for the commission of an offence. There may also be offences committed under section 137(1) of the Highways Act 1980 (HiA 1980) of wilful obstruction of the highway. In addition, if anything is unlawfully deposited on the highway so as to be a nuisance a local authority may issue a notice of removal and seek an order from the magistrates’ court to remove the offending item (HiA 1980, s 149). For further reading on the civil powers available to