![Case Nos: CA-2024-002136 - [2025] EWCA Civ 921](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Heading
ON APPEAL FROM THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN MANCHESTER
TECHNOLOGY AND CONSTRUCTION COURT (KBD)
His Honour Judge Stephen Davies (sitting as a Judge of the High Court)
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LORD JUSTICE NEWEY
LORD JUSTICE JEREMY BAKER
and
SIR LAUNCELOT HENDERSON
Between:
BUCKINGHAMSHIRE COUNCIL | Claimant/ Respondent/Appellant |
- and – | |
FCC BUCKINGHAMSHIRE LIMITED | Defendant/Appellant/ Respondent |
Fiona Parkin KC, Zulfikar Khayum and Samar Abbas Kazmi (instructed by Pinsent Masons LLP) for FCC Buckinghamshire Limited
Justin Mort KC, John McMillan and Tom Coulson (instructed by Sharpe Pritchard LLP) for Buckinghamshire Council
Hearing dates: 17 and 18 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 18 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- 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