Case Nos: CA-2024-002136 - [2025] EWCA Civ 921

The North London Waste Authority contracts

On 9 December 2014, FCCWS entered into a contract with LondonWaste Limited (“LondonWaste”), a company owned by the North London Waste Authority, under which it undertook to transport waste from the Hendon Rail Transfer Station (“the Hendon RTS”) in Hendon, London to FCCWS’s “nominated Treatment or Disposal Facility site” and to treat and/or dispose of the waste there. The contract explained that FCCWS “should allow for all the costs associated with the transportation and Treatment or Disposal of the Contract Wastes at their nominated facility”.

In practice, what happened was that FCCWS moved waste by train from Hendon RTS to a railhead near Calvert in Buckinghamshire which was close to both Greatmoor and a landfill site operated by the FCC group. Some of the waste was then disposed of at Greatmoor and some of it went to the landfill site.

Where waste went to Greatmoor, FCCWS was paid £7.10 per tonne for transportation and £90 per tonne for disposal. By a contract between FCCWS and FCCR also bearing the date 9 December 2014, FCCR agreed to make Greatmoor available for £75.97 a tonne.