Court of Appeal dismisses Javelin Park challenge
In its decision, handed down yesterday (19 November), the Court of Appeal refused a bid by CR4C to appeal against the decision of the High Court, which had previously ruled against CR4C in their claim against the county council and the Javelin Park project.
The Court of Appeal stated the “evidence was overwhelming” that CR4C would not have been able to bid for the contract to manage the county’s waste and that there was no realistic prospect that they could persuade the appeal court to reach a different conclusion.
The council was awarded its costs of defending the High Court claim and is now in the process of recovering them from CR4C.
Cllr Nigel Moor, Cabinet Member for the Environment, commented: “I’m really pleased the Court of Appeal has issued such a robust reasoning in its dismissal of this case. The comments reflect the position the council has held all along in relation to this fanciful case. Javelin Park disposes of the waste Gloucestershire can’t recycle cleanly and safely, whilst cutting our carbon emissions significantly. Taxpayers have been put to significant cost by this challenge – and we will take steps to recover as much of that as possible.”
The Javelin Park plant disposes of Gloucestershire’s waste that can’t be recycled, ending the council’s reliance on landfill, and saving an estimated 40,000 tonnes of CO2.