You are invited to a zoom meeting tomorrow:
Court Ruling and the Future for Community R4C
Time: Nov 24, 2020 05:00 PM London
Join Zoom Meeting
Meeting ID: 979 6327 6648
We were disappointed to hear on Friday that we were denied leave to appeal the unjust ruling on Community R4C’s ‘standing’. Our QC barrister, who was involved in a highly relevant precedent-setting case, argued that the judge applied the wrong legal test, but an appeal court judge decided without a hearing that he would not grant us leave to appeal. This unfortunately is the end of the line on the procurement challenge by Community R4C, and means that we have no opportunity to recover costs and damages. It is however far from the end of our fight against the hugely expensive and illegal contract for the incinerator, and of our fight to ensure an environmentally sustainable treatment of waste in our County. In fact the ruling makes progress on our other strands of activity more straightforward, and we have made substantial progress on these.
This is what we have said to the press:
THE FIGHT AGAINST JAVELIN PARK INCINERATOR WILL CONTINUE, SAYS COMMUNITY R4C
New challenges to come on the grounds of illegal state aid and value for money
Community R4C will continue the fight against the Javelin Park incinerator despite recently being denied leave to appeal in its High Court case against Gloucestershire County Council. Nevertheless, HH Judge Russen had previously ruled in CR4C’s favour that the facts clearly indicated that procurement law was broken over Javelin Park because a secret contract was awarded in 2016 with no new tender despite a 36% increase in price. This will cost Council taxpayers an additional £163m, a fact the Council managed to keep secret from the public and Councillors for years.
CR4C Board director, Tom Jarman, said: “We will continue to challenge this illegal contract on the grounds of unfair competition and breach of state aid laws. The latter could still return £millions to County taxpayers. As a first step we have made a detailed application to DG Competition in the European Commission. They are responsible until January for referring matters of illegal state aid to the UK Courts. From January 2021 it will be the job of the Competition and Markets Authority and we are already in touch with them.”
Closer to home, CR4C has also made approaches to the GCC’s auditors, Grant Thornton, to issue a report on the value for money and legality of the contract after a three year delay. This has held up final approval of the GCC’s accounts.
CR4C Board chair Sue Oppenheimer said: "The latest legal decision is obviously a disappointment for us and all our loyal supporters. It is also very strange. It would seem to replace the legal remedy of loss of chance with a new law based on being able to prove the impossible: that we could have met a hypothetical tender at a hypothetical date with a hypothetical consortium.
“This is clearly nonsensical and the implications are negative nationwide for any non ‘big business’ consortium trying to bid for public projects. This will have a profound effect by unfairly preventing SME’s and community-led consortia from having a chance of a successful bid.”
On our Zoom meeting we will be able to provide more background to the decision and what it means for Community R4C and your investment.
We will address questions including:
- Does Community R4C have any money? (no)
- GCC say they will recover costs from Community R4C. Will this mean the end of Community R4C?
- I contributed to the funding for the appeal, can I get my money back?
- If Community R4C goes bust what will it mean for my investment in Community R4C?
- Can I stay a member of Community R4C, how will you continue if Community R4C is wound up?
- What can I do to help?
Board of Community R4C