The Campaign for Real Recycling (CRR) have announced that they do not intend to appeal the decision of Hickinbottom J, handed down on 6 March 2013 (Please read our previous article).

This is good news for local authorities who provide a commingled service and many waste management companies.  Importantly, this outcome also provides certainty for the waste industry, at a time when public sector financial budgets are constrained and the drive to improve recycling and securing optimal value from our resources (whether from municipal or C&I waste streams) is high.

Many local authorities will breathe a sigh of relief at the decision of CRR not to appeal as many have contracts involving the 'commingled' collection of materials such as paper, plastic and glass.  A successful appeal may have resulted in increased costs for local authorities with a commingled service, as they may have been faced with the financial burden in due course of changing their collection methodologies and where the service was outsourced by varying or re-tendering their collection contracts.

It is anticipated that Hickinbottom J's decision will form the basis of guidance to be issued by Defra in due course which will clarify the legal obligations of local authorities in relation to the collection of dry recyclables, such as metal, paper, plastic and glass.  Bevan Brittan will provide an update on this in due course.

How we can help you

Bevan Brittan has a market leading Waste and Energy Team that advises the waste industry and local authorities on all aspects of waste services including collection, management, disposal and energy generation. 

If you are affected by the commingling judgment please contact one of our team below.

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