Indemnify nuclear developers against damages during judicial review
Indemnify developers during judicial review
This would mean indemnifying nuclear developers against any damages they incur as a result of proceeding with their project while a judicial review is being decided. The Civil Procedure Rules should be amended so that any interim injunctions would be limited to irreversible works which relate to the grounds of challenge.
Treasury announces judicial review reform for infrastructure
The Treasury announced much broader judicial review reform for major infrastructure, which has since been consulted on. This encompasses the commitment for indemnification.
Government Response: Targeted indemnification for nuclear projects confirmed
The Government will bring forward proposals for targeted indemnification for nuclear projects where planning consent is subject to judicial review. Proposals are expected by Summer 2026, with legislation to follow if required. This directly addresses the Taskforce's recommendation to protect developers from damages incurred while proceeding during JR, and the timeline is consistent with the original target date.
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Taskforce target: June 2026
Notes: Government target of 31 August 2026 for proposals.
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