![Case Nos: CA-2024-002136 - [2025] EWCA Civ 921](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The Hertfordshire contracts
The Hertfordshire contracts
The FCC group had a number of contracts with Hertfordshire County Council (“Hertfordshire CC”) under which it agreed to provide services. In essence, these provided for the group to manage waste transfer stations in Hertfordshire (at Waterdale and Hitchin), to dispose of waste at Greatmoor and to transport waste to Greatmoor.
The contract of most relevance for present purposes is one which FCC Waste Services (UK) Limited (“FCCWS”), a company in the FCC group, concluded with Hertfordshire CC on 4 April 2014 under which it agreed to provide a “Residual Waste Disposal Facility” to receive and process waste. A page of this contract showed a price per tonne of £89 for disposal at Greatmoor.
On 1 April 2014, FCCWS had entered into a contract with FCCR under which FCCR agreed to accept waste at Greatmoor in return for £77.69 per tonne. The Judge observed in paragraph 30 of the Judgment that “these two contracts were effectively back to back with each other and also (as regards FCCR) back to back with its waste finder agreement with FCCB”.
- 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