Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.

Judges:

Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson

Citations:

Times 25-Feb-2002, [2001] EWCA Civ 1847, [2002] 1 CMLR 21, [2001] NPC 181, [2002] Env LR 24, [2001] 50 EGCS 91

Links:

Bailii

Statutes:

Council Directive 96/29/Euratom Art 6.1

Jurisdiction:

England and Wales

Environment, European, Utilities

Updated: 29 June 2022; Ref: scu.166981