Magnohard Ltd and others v United Kingdom Atomic Energy Authority

January 30, 2009 | No Comments

The pursuers, who were owners variously of fishing rights and of land abutting a beach which lay adjacent to Dounreay nuclear power station, sought a declarator that the defender was in breach of its duties under Section 7 of the Nuclear Installations Act 1965 after particles of nuclear matter had been found on the beach. The pursuer claimed that their property had been materially damaged as a result of the inadequacies in the defenders the current monitoring and particle removal programme which was carried out under the auspices of the Scottish Environmental Protection Agency and that they as individuals had suffered stress and anxiety caused by the deposit of the particles which they claimed had given rise to various risks to health.    In granting the requested declarator the Lord Ordinary held that there remained a possible case to answer in respect of a breach or breaches of the pursuers’ human rights under Article 8 and Article 1 Protocol 1.

Full report available here.

Agricultural & Fisheries Law, Art. 08 Right to Private and Family Life, Property Law, Protocol 1, Art. 1 Right to Private Property

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.