Transportation (Shipping and Rail)
The movement of nuclear materials whether by ship, road or rail is a sensitive issue and one which needs dealing with properly with a full understanding of the risks and political liabilities whilst being live to the sensitivities of such movement.
Norton Rose has advised on the carriage of polluting and hazardous cargo for many years and understands the nuclear regulatory regimes that arise through the nature of radioactive material and how these interrelate with, for example, the marine regulatory regimes.
We have experience of dealing with the transportation of nuclear materials including spent fuel and waste. Together with our experience of carriage of dangerous goods and use of transportable pressure equipment regulations 2007, we advise on how these regulations sit with the Nuclear Industries Security Regulations 2003 Joint Convention on The Safety of Spent Fuel Management and on The Safety Of Radioactive Waste Management and The Nuclear Installations Act 1965.
Our rail practice has developed out of a close involvement with the UK privatisation process in the mid-1990s.
Our practice encompasses regulatory, infrastructure and light rail work, whilst maintaining the leading position among legal practices in the business of rolling stock acquisition and leasing in the UK. We have considerable experience of acting for companies on regulatory and licensing regimes, and at the interface between regulatory regimes and competition legislation. Our work for the ORR includes acting on a range of regulatory matters including shaping the operator’s licences, drafting model contracts and contributing to the development of Britain’s rail regulatory regime.
We have acted for major corporations in dealing with protestors and those who intend to disrupt the commercial operation of power stations, plant rail connections and shipments by sea of nuclear fuel. We have obtained injunctions at very short notice which has allowed the police to take action to remove the threat to commercial operations and have provided advice on what legal action is possible in the face of threats of protests in harbour installations and on transport routes.
As casualty response and risk management adviser to a number of major shipping and energy companies, we have the depth of shipping background and expertise to advise on the carriage of nuclear materials and the issues surrounding relating to such cargo. We have a deep understanding of shipping risk and marine insurance and have advised on the particular risks of carrying fuel, and waste by sea.
In addition to dealing with day to day contractual and regulatory issues, we provide a full emergency response service 24 hours a day 7 days a week to support your crisis management team in dealing with any type of incident involving your vessels and cargoes.
We have experience of dealing with the criminal and civil aspects of pollution claims and fatal accidents and can advise you on salvage liability and whether it is possible to limit such liability. We can assist you to deal with the authorities and insurers and advise your chosen public relations adviser on what can be said to the press and how to get the most positive view of the situation presented to the wider world.
We have experience in dealing with the differing requirements of all types of casualties, whether that be collision, groundings, fire, fatal accidents, major loss of cargo and pollution, spillage of hazardous substances, salvage, general average, towage and wreck removal. We have also advised widely on issues of security of shipping including the ISPS code and the present risks of piracy and terrorism.
We also deal with more unusual contracts such as salvage and wreck removal. We work on such contracts for various clients, including, for instance, general lighthouse authorities for whom we draft sophisticated contracts relating to shipbuilding and finance, wreck removal, maintenance of offshore structures and other complex matters with international law perspectives. One of the most notable of these was the drafting of contracts between Dutch contractor Mammoet and the Russian government for the recovery of the nuclear submarine Kursk.