Auto Amazon Links: No products found. Blocked by captcha.
A legal challenge seeking £50 million from the Scottish government over the collapse of its deposit return scheme (DRS) has been dismissed by a court. The waste management company Biffa had pursued damages after claiming a 2022 letter from Lorna Slater, then co-leader of the Scottish Greens, effectively guaranteed the scheme’s continuation. This prompted Biffa to invest heavily, only for the project to fail a year later. The firm contended that the letter misrepresented the Scottish government’s stance at the time, justifying their claim for £51.4 million. However, Lord Sandison, the presiding judge, rejected their argument, criticizing Biffa’s interpretation as “wishful thinking,” likening it to attempting to transform “base metal into gold.”
The deposit return scheme, which aimed to have consumers pay an extra 20p on single-use bottles and cans — refundable upon their return to collection machines — was abandoned in June 2023 amid conflicts with the UK government. Biffa was involved in negotiations with the Scottish government about managing the logistics of the system. In May 2022, Slater, who was serving as circular economy minister under the SNP-Greens power-sharing agreement, sent a letter to Biffa following a delay that pushed the scheme’s start date back by one year. Biffa later signed a decade-long contract with Circularity Scotland, the organization established to run the scheme before it also collapsed, citing Slater’s letter as the reason behind their commitment.
Despite the assurances perceived by Biffa, the UK government did not grant the full exemption sought under the Internal Market Act, limiting the rollout of the DRS, particularly excluding glass. It was later revealed that Scottish government officials were aware as early as 2021 that this legal exemption would be necessary and that by March 2022, they understood an application was required. Biffa accused Slater of being “disingenuous” for failing to disclose this in her letter, a view supported by former Scottish Secretary Alister Jack, who labeled the encouragement of investment without disclosing significant risks as “utterly irresponsible.” Slater responded by clarifying that the letter was intended as reassurance of commitment rather than a detailed risk assessment.
In his judgment, Lord Sandison stated that no “reasonable person” would have taken Slater’s letter as a legal guarantee that the scheme was fully viable. He noted that Biffa, had it wished for more clarity on the legal challenges, could have sought further information but did not do so. The judge also dismissed claims that the Scottish government tried to hide potential problems linked to the Internal Market Act. According to his findings, Slater honestly believed on plausible grounds that the legislation would not obstruct the scheme’s implementation. The judge also expressed confidence in the honesty and good faith of both Slater and Jack during their testimonies.
Responding to the outcome, a Scottish Greens spokesperson criticized what they described as “the worst of Westminster,” highlighting how a single decision in Westminster was able to overturn a scheme backed by the Scottish Parliament and supported by business investment. They emphasized this situation underscored the pressing need for Scotland to have powers similar to other self-governing nations
Read the full article from The BBC here: Read More
Auto Amazon Links: No products found. Blocked by captcha.