Citation: [2025] EWCA Civ 921
This appeal arose from a long-term waste management contract entered into between Buckinghamshire Council (“the Council”) and FCC Buckinghamshire Limited (“FCCB”). Under the contract, FCCB was required to build a waste-to-energy facility at Lower Greatmoor Farm, Buckinghamshire (“Greatmoor”). Thereafter, FCCB was required to dispose of the Council’s waste at Greatmoor and also allowed to use excess capacity at Greatmoor to handle waste from third parties. Where it obtained income from third parties that was “associated with the Project” (defined under the contract as “Third Party Income”), FCCB was required to share a portion of that income with the Council, subject to its right to deduct costs that were “directly incurred” in generating the income and that met the requirements of three further contractual provisos. In an earlier set of proceedings ([2021] EWHC 2867 (TCC)), the Council established that Third Party Income included income received by FCC affiliates from the North London Waste Authority and Hertfordshire County Council for handling waste that was disposed of at Greatmoor. O’Farrell J held that the contractual definition of Third Party Income was “capable of…
Counsel