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HIGH COURT RULES IN FAVOUR OF COUNCIL'S RIGHT TO TERMINATE CONTRACT

The High Court has ruled in favour of the Borough of Poole, following a challenge from South Herts Waste Management to the Council's decision to terminate their contract to run Poole's civic amenity site.

The Council terminated the contract in November, after South Herts Waste Management failed to address a number of the Council's concerns. In particular, the Council was dissatisfied with the company's efforts to prevent the disposal of trade waste on the site, which is licensed for the disposal of household waste only. The financial burden on the Council to dispose of waste which should not have been allowed on the site, is estimated to be in excess of six figures.

Following a 3-day trial, Mr Justice Gibbs ruled in favour of the Borough of Poole, saying there had been a "substantial breach" of contract. He went on to say that South Herts had fallen "very far short" of its contractual obligation to use reasonable endeavours to prevent trade waste entering the site.

The primary evidence provided by the Council was video surveillance covering an 18 day period. Mr Justice Gibbs described it as "emphatically supporting" the Council's case. The Council was awarded costs and damages are being ascertained.

Cllr Bob Williams, Executive Spokesperson for Environment and Prosperity, said: "The judgement vindicates the action taken by the Borough of Poole, although it is regretful that the company did not respond positively to our concerns which were voiced over a considerable period of time. We have run a very successful "Waste Watchers" campaign for nearly two years and it is extremely important that the impact of that is not diluted by allowing businesses free access to household facilities."

Following the judgement, South Herts have now vacated the civic amenity site. The Council is looking to work in partnership with other private sector companies to operate the site.

Peter Pawlowski, Head of Consumer Protection Services, Tel: (01202) 261701