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3C Ltd v Merseywaste Holdings Ltd

DATE: 01 Jan 2007

Instructed by SC, through Jones Day. O/S Derek Wyatt QC and Stephen Tromans

Case concerning the application of the landfill directive to existing contracts. 3C operate a v large landfill site at Arpley, Cheshire, and had a "life of site" contract with Merseywaste.

They argued, successfully, that the Directive required them to charge full cost and that if this exceeded the contract price the contract was frustrated or suspended. This is the leading (only) case of the relevant article of the Directive. It has been followed by complex arbitration proceedings in front of Nigel Pleming QC.