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The Scottish government’s bottle return scheme faced a setback in 2023, leading to a legal battle between waste management company Biffa and the government. Biffa is seeking over £166 million in damages after the recycling plans were delayed. The company claims that the government was negligent in its assessment of the scheme’s feasibility, while Scottish ministers argue that Biffa was aware of the risks involved.
Despite the government’s attempt to have the case dismissed, the Court of Session ruled in favor of Biffa, allowing the case to proceed to a full hearing. The hearing, scheduled to last eight days, is set to begin on Tuesday. The dispute arose following a disagreement with the UK government, which had reservations about granting approval for the scheme unless it adhered to a UK-wide approach that excluded glass containers.
Numerous legal arguments have been presented by both Biffa and the government. Biffa claims it received assurances from former Green minister Lorna Slater that the scheme would proceed, citing a letter sent by Slater in May 2022. However, the government contends that these assurances were not unique and that Biffa assumed certain risks associated with the project. The Court of Session emphasized that Biffa must demonstrate that the government breached its duty of care, leading to financial losses for the company.
Deposit return schemes, such as the one proposed by the Scottish government, aim to incentivize recycling of drinks containers like bottles and cans. Under the scheme, a 20p deposit would be added to single-use containers made of PET plastic, metal, or glass, with consumers able to reclaim the deposit when returning the containers. The launch of Scotland’s deposit return scheme has been postponed until at least October 2027, aligning with the UK government’s plan to introduce a similar initiative. Wales, however, has opted out of the UK-wide approach to include glass containers in its scheme
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