Deductible costs “directly incurred”
Deductible costs
“directly incurred”
To recap, it is apparent from the definition of “Third Party Income” in the Project Agreement that it encompasses “income from third parties … associated with the Project” but (subject to the provisos) “the costs directly incurred in generating the income” can be deducted.
- Heading
- Lord Justice Newey
- Some of the contractual terms
- W TPI = TPW R x 0.75
- GTPW TPI = the Guaranteed Third Party Waste Third Party Income. …”
- Contracts with third parties The Luton contract
- The Hertfordshire contracts
- The North London Waste Authority contracts
- O’Farrell J’s judgment
- The present proceedings
- The appeals
- Deductible costs “directly incurred”
- The Judgment
- FCCB’s case
- Discussion
- Proviso (a)
- The Judgment
- The parties’ positions
- Discussion
- Burden of proof
- Overall conclusion
- The Luton unitary charge
- The Judgment
- FCCB’s case
- Discussion
- Haulage costs
- Proviso (c)
- The Judge’s reasoning
- The parties’ positions
- Conclusions
- Conclusions
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