![Case Nos: CA-2024-002136 - [2025] EWCA Civ 921](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
W TPI = TPW R x 0.75
WTPI = TPWR x 0.75
where:
TPWR = The Excess Third Party Waste Third Party Income derived from gate fee revenue over and above the Guaranteed Third Party Waste Third Party Income assumed in the Base Case for the relevant Contract Year, calculated in accordance with the following formula:
TPWR = (ATPWTPI – GTPWTPI) + AB3R + (AB2R – FB2R) – ATPWSW
provided that such sum shall be subject to a minimum of zero (0)
where:
ATPWTPI = the actual Third Party Income received by the Contractor for the treatment of Third Party Waste at the Facilities for the relevant Contract Year. …
- 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