A High Court judge has rejected Bryson Recycling Ltds challenge against Banbridge district councils decision in 2011 to bring its recycling services in-house.
Mr Justice Treacy last week (January 23) rejected all 11 separate grounds of the challenge and awarded all costs against Bryson Recycling at the High Court.
A spokeswoman for Bryson Recyling said it was very disappointed with the verdict and that it is now considering the detailed judgement.
Banbridge council decided to take its collection in-house at a meeting of the full council on February 7 2011, aiming to provide a more efficient and cost-effective service and increase the districts recycling rate.
However, Bryson which held a contract with the council for 10 years to provide a kerbside box recycling service, which expired on March 31 2012 disputed the decision and began legal proceedings against the council in April 2011 (see letsrecycle.com story).
In October 2011, Mr Justice Treacy granted the company a Judicial Review of the councils decision.
The Belfast company part of social enterprise Bryson Charitable Group argued that the councils decision-making process was seriously flawed and not in the best interest of rate payers.
Furthermore, the council commissioned public sector services provider Tribal Group to assess information collated by consultancy Eunomia on costs and preferred options used by councillors to make the decision.
Tribal Group concluded that the preferred option recommended by the council would save 3 million over three years.
‘Bryson is very disappointed by the verdict that was provided and we are considering the detailed judgement.’
Bryson Recycling Ltd spokeswoman
However, Bryson Recycling director Eric Randall claimed that the Eunomia findings had actually concluded that this preferred option would cost Banbridge around 600,000 over the same period.
This claim was disputed by the council and Tribal Group, with the Judges Judicial Review ruling stating that the Court cannot proceed on the basis that the criticisms contained in Mr Randalls various affidavits are correct.
The Judges ruling concludes: the decision by the council not to re-tender is not generally amenable to judicial review at the suit of a former contractor. The central issue in this case, that Bryson wants an opportunity to be awarded a public contract, is not amenable to judicial review. On that ground alone the applicants claim must fail.
Banbridge council
Following the Judges decision, David Lindsay, Banbridge councils director of environmental services, said that the council was extremely disappointed that so much time and resource was used to in order to defend the claim brought by Bryson.
He added that taxpayers in the district had benefitted significantly in terms of both cost savings and increased recycling rates since the service was remodelled two years ago.
The council now operates a fortnightly commingled green bin with separated glass recycling system. Cardboard, paper, plastics, metal, tetra pak and glass materials are collected and sent for sorting by waste management firm Re-Gen Ltd in Newry. A separate brown bin is also used for organic waste.
Mr Lindsay said: The council will continue to strive to further develop this and other services to the benefit of its ratepayers.
Liam Hannaway, council chief executive, added: Banbridge district council will not shirk from taking decisions that may be unpopular in some circles or potentially controversial, where councillors and officers are satisfied that such decisions are in the best interests of the people of the district.
Bryson Recycling
Commenting on the ruling, a spokeswoman for Bryson Recycling said: Bryson Recycling brought the Judicial Review as it considered Banbridge district councils decision to bring its recycling services in-house was not in the best interests of rate payers.
Bryson is very disappointed by the verdict that was provided (23rd January 2014) and we are considering the detailed judgement.
Bryson began recycling aluminium cans in 1993 before launching its first kerbside box collection service in 2001. The enterprise now operates kerbside collections for more than 170,000 households in Northern Ireland, as well as a commercial collection service used by more than 950 businesses and schools.
Last year, the social enterprise announced that it was seeking to expand its business into the mainland UK waste market (see letsrecycle.com story).
Register for free to comment