Semple Fraser wins landmark case on legal definition of waste
Semple Fraser celebrates victory with its clients OSS Group as, together, they win a landmark case in the Court of Appeal on the legal definition of waste.
Semple Fraser acted for OSS Group, the UK’s leading collector and recycler of waste oils, in its battle through the High Court and the Court of Appeal in London, on a case lasting 18 months which is of fundamental importance to numerous sectors of UK industry, and the waste production and management industries in particular.
The ruling is of European significance. It deals with the critical issue of the interpretation (by the UK Government and its regulatory agencies) of one of the most complex and difficult areas of EU industrial law. At the same time, the legal principles at stake in the case affect business operating across the 27 member states of the EU.
By remarkable coincidence, the Court of Appeal handed down its ruling in the OSS case on the same day when the EU environment ministers reached unanimous political agreement on proposals to revise the principal EU Directive in this field following "difficult negotiations" in Luxembourg on Thursday.
The new Directive will not alter the critical legal point dealt with in the Court of Appeal – which concerned the very precise legal criteria determining in what circumstances industrial products manufactured (recycled) from waste feedstock cease themselves to be waste – millions of pounds and the survival of many companies hang on the answer to that question. The case was further complicated by the unlikely reality that even the UK Government and its own Environment Agency could not agree on the official UK interpretation of the point.
Semple Fraser and OSS disagreed fundamentally with both the Government/Agency positions, which threatened the survival of the waste oils collection and recycling industry, and also conflicted with the legal position in Scotland. The decision endorses Semple Fraser’s position and, at a stroke, changes the law in England and Wales overnight. It will also have a very positive impact in Scotland. The Court of Appeal praised the “impressively thorough” approach of the Scottish Court of Session in an earlier Scottish case on the issue and upon which Semple Fraser sought, successfully, to rely.
Leave to appeal to the House of Lords was NOT sought by either the Government or the Environment Agency.
Vincent Brown, Head of the firm’s Waste Group, who led the Semple Fraser team on this case, comments,
“The term ‘landmark decision’ is often an exaggeration. Not on this occasion. This ruling provides a more certain legal foundation (which was hitherto lacking in the UK) for investment in sustainable recycling of hazardous industrial and commercial wastes. We are delighted of course that it endorsed our own position on EU law, which reflected our experience working in different EU legal regimes. It is also a tribute to the perseverance and courage of OSS Group, who had the odds stacked against them.”
Andrew McNair, Group Managing Director of OSS Group added,
“We are delighted by the outcome of this case. It’s a victory for common sense but this by no means detracts from the excellent work of Vincent Brown and his team of specialists. This result means we can continue production and sales of our Clean Fuel Oil (CFO)®) and our customers can continue to benefit from a cost effective and much more environmentally beneficial alternative to virgin fuels.”
This prestigious win is another significant element to Semple Fraser’s Environment and Pollution Group’s continuing success – ranked top in the Legal 500 last year and with Vincent Brown and Barry Love accredited by the Law Society in Scotland as specialists in this area and the team marked out for its international and EU work.
Semple Fraser has produced a briefing that relays the facts of the case and clarifies both the decision of the Court of Appeal and the implications of that decision. To view this briefing please download below.
For further information please contact: Vincent Brown