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

The present proceedings

The present proceedings were issued in August 2022. By them, the Council sought relief on the basis that it had not been paid its full share of Third Party Income.

The issues which fell to be determined when the matter came on for trial by the Judge included, first, whether FCCB was entitled to deduct various costs from Third Party Income before sharing it with the Council and, secondly, whether income which FCCB received from Luton BC was Third Party Income.

The Judge concluded that:

Of the costs at issue, the only ones which FCCB was entitled to deduct were those of haulage; and

The income from Luton BC was Third Party Income.