Winwood & Anor (Trustees of the E.E.Marsh Land Settlement) v Biffa Waste Services Ltdo & Anor

Winwood & Anor (Trustees of the E.E.Marsh Land Settlement) v Biffa Waste Services Ltdo & Anor

Clause 8(6)(d) of the Lease does not impose a broad continuing duty on Biffa to apply for modifications or extensions of site licences and planning permissions to ensure landfill activities continue for as long as possible; it is incapable of obliging Biffa to carry out the actions specified in the preliminary issues.

Parties
Claimant: Michael Ralph Winwood; Claimant: Hugh Bampfield Carslake; Claimant: The Marsh Trust Limited; Defendant: Biffa Waste Services Limited; Defendant: Biffa Holdings Limited
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Civil / Determination of Preliminary Issues
Outcome
preliminary issues answered in favour of defendants
Legal Topics
Contractual Interpretation, Lease Obligations, Landfill Regulation
Contract Law Property Law Contractual Interpretation Lease Obligations Landfill Regulation

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Parties

Michael Ralph Winwood

Claimant

Hugh Bampfield Carslake

Claimant

The Marsh Trust Limited

Claimant

Biffa Waste Services Limited

Defendant

Biffa Holdings Limited

Defendant

Procedural Posture

Civil / Determination of Preliminary Issues

Legal Issues

  1. 1 Whether clause 8(6)(d) of the Lease obliges Biffa to apply for modifications/extensions of site licences and planning permissions to continue landfill activities.
  2. 2 Whether clause 8(6)(d) imposes a broad continuing duty on Biffa to ensure landfill activities continue for as long as possible.

Ratio Decidendi

Clause 8(6)(d) of the Lease does not impose a broad continuing duty on Biffa to apply for modifications or extensions of site licences and planning permissions to ensure landfill activities continue for as long as possible; it is incapable of obliging Biffa to carry out the actions specified in the preliminary issues.

Court Disposition

preliminary issues answered in favour of defendants

Orders

  • Declaration that clause 8(6)(d) is incapable of obliging Biffa to carry out actions specified in paragraph 17(a)-(d)