ScotGov faces £166m court case with Biffa over DRS failings

Hearing begins at Court of Session as Biffa seeks reparations for Scottish DRS

A Biffa branded waste disposal truck is parked outside of a building.
Biffa’s legal action against the Scottish Government is due to be heard at the Court of Session as the waste management firm seeks £166m in reparations.

WASTE management firm Biffa‘s legal action against the Scottish Government is due to be heard at the Court of Session on 21 October.

Biffa says it is seeking more than £166million in damages over the Scottish Government’s decision to delay the deposit return scheme (DRS) to fall in line with the UK-wide live date in October 2027.

The waste management firm has alleged that it had already committed significant funds towards the implementation of DRS in Scotland, amounting to £51.4million, and also seeks reparations for the loss of profits that the scheme would have generated for Biffa, said to be worth £114.8million.

The Court of Session judge, Lord Clark, ruled there should be a full hearing to examine the details of the arguments in more detail in January 2025.

The hearing is expected to last for eight days and began on 21 October at 10am.

Biffa was named as the Official Logistics Provider for DRS in 2022 by the now defunct scheme administrator Circularity Scotland. At the time, the appointment was reported to help create 500 jobs across Scotland for the collection, sorting and counting of waste materials.

Some 60 of these jobs were set to be created from a new recycling site in Aberdeen after Biffa announced a £7.7million investment into the transformation of a former engineering depot on the Badentoy Industrial Estate.