A courtroom has thrown out a £50m compensation declare in opposition to the Scottish authorities over its doomed deposit return scheme.
Waste administration agency Biffa received a contract as a part of plans to usher in the scheme, and later took ministers to courtroom when the initiative was shelved.
Biffa had been looking for £51.4m in damages on the Court docket of Session to cowl losses it stated it had incurred via the challenge’s failure.
In a ruling printed on Friday, Lord Sandison discovered in opposition to the agency.
His judgment learn: “The courtroom just isn’t involved with the query of who (if anybody) must be considered bearing political accountability for the failure of the Scottish deposit return scheme to launch in August 2023.
“Relatively, it’s only involved with the authorized questions of whether or not the defenders owed an obligation of care to the pursuer in both of the regards contended for, and, if that’s the case, whether or not any such responsibility was breached and loss was thereby brought about to the pursuer.”
MSP Lorna Slater was the minister accountable for the challenge. Pic: PA
Biffa had argued that former Scottish Greens co-leader Lorna Slater – who was the minister accountable for the challenge – made a “negligent misrepresentation” in a letter she despatched the corporate which “offered assurances in respect of the viability of the scheme”, however didn’t point out the Scottish authorities would wish an exemption from the UK authorities to the Inside Market Act (IMA) for it to go forward.
Westminster laws governs commerce between the totally different elements of the UK post-Brexit.
Then Scottish secretary Lord Jack refused to grant an exemption to the Scottish authorities – which meant Holyrood ministers couldn’t proceed with plans to incorporate glass bottles of their scheme, and finally left them unable to usher in deposit return as deliberate in August 2023.
Former Scottish secretary Lord Alister Jack in 2024. Pic: PA
A deposit return scheme (DRS) sees buyers charged a deposit when shopping for drinks, with the money returned to them once they convey their empty cans and bottles again for recycling.
Biffa had argued the letter of “consolation” it acquired from MSP Ms Slater in Might 2022 had negligently misrepresented the true stage of threat dealing with the challenge because it failed to say the necessity to safe an IMA exemption.
Learn extra from the courtroom case:
Slater gave ’emphatic’ assurance about DRS, court told
Scottish government ‘utterly irresponsible’ over DRS, court told
UK government blocked DRS to give SNP ‘black eye’, court told
Lord Sandison made clear he did “not settle for {that a} cheap individual may have checked out” the letter despatched by the then round economic system minister and brought it as “amounting to a normal assertion that there was no threat that the scheme wouldn’t be continuing and that every one can be effectively”.
He subsequently dominated the Scottish authorities “didn’t breach the responsibility incumbent on them”, including: “The issues which they said within the letter have been true and correct.”
Lord Sandison concluded the agency’s case “fails the truth is and regulation”.
A spokesperson for Biffa stated: “We be aware right now’s choice and are reviewing our place with our authorized advisers.”
The Scottish authorities stated it could “not be acceptable” to touch upon stay authorized proceedings.
A Scottish Inexperienced spokesperson stated what occurred with the DRS confirmed “the worst of Westminster”.
They added: “MSPs voted to introduce a recycling scheme, with companies investing cash to make it occur.
“There are bottles, cans and glass littering our parks, seashores and streets. This scheme would have led to extra of them being recycled.”
