![Case Nos: CA-2024-002136 - [2025] EWCA Civ 921](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The Luton unitary charge
The Luton unitary charge
It is common ground that the Diversion Notional Payment for which the Luton contract, as varied, provided represents Third Party Income. Where the parties differ is in relation to the unitary charge which was payable by Luton BC. The Council contends that the proportion of the unitary charge equating to the share of waste sent to Greatmoor constitutes Third Party Income. FCCB, in contrast, denies that any of the unitary charge is Third Party Income.
- 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