Waste management company Biffa is today (21 October) beginning a case against the Scottish government in court in Edinburgh, in a bid to claim £166m after repeated failings instigating the Deposit Return Scheme (DRS) in the country.
In the action, Biffa is seeking damages for loss of profits and loss of investment and management costs arising from the delayed implementation of the DRS across Scotland.
The DRS plans to offer the public the same access to recyling services as in other countries where it is in place, with a returnable deposit of 20p for items returned to recycling centres, depots and also stores. You can read what stores will need to do to preapre for the scheme here.
In July 2022, it entered into a contract with Circularity Scotland Limited (CSL) to act as sole logistics provider for the scheme. The move would make Biffa responsible for the collection, counting, transporting and recycling of materials. CSL, meanwhile, had been appointed by Scottish ministers to act as the scheme’s administrator.
However, the scheme went on to face repeated delays, which are ongoing. The DRS was initially meant to have launched in July of 2022, but that date has been postponed on numerous occasions - with the latest date for launch now not until 1 October 2027, in line with the rest of the UK.
As a result, CSL entered into administration in June of 2023 and Biffa’s contract was subsequently terminated by the administrators, with no further contract offered.
Biffa has also claimed ministers owed it a duty of care which was not offered. At this stage, however, the court has not ruled on the merits of the company’s claim, and has merely allowed the case to proceed.
Scottish ministers deny the allegations. The hearing is expected to last eight days.
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