Tees Valley Incinerator: Hartlepool Council's Legal Battle, Resolved in Secret....

Tees Valley Incinerator

How a 'Tomlin Order' Kept Hartlepool’s Procurement Dispute Under Wraps, including any legal costs borne by the local tax payer...

23rd August 2025

In a development that's raised eyebrows among local's and environmental watchdogs, recent revelations have shed light on Hartlepool Borough Council's role in the procurement process for the controversial Tees Valley Energy Recovery Facility (TVERF).

The incinerator project, designed to process up to 450,000 tonnes of household waste annually, involves a consortium of seven local councils, (including Hartlepool). Whilst Hartlepool Borough Council's positioned the project as a step toward efficient waste management, a behind-the-scenes legal battle with a ousted bidder has led to claims of deals being done behind closed doors, only further to be shrouded in secrecy via a so-called Tomlin order issued by the High Court. .

The Selection Process: The Rocky Road to a Bidder

Hartlepool Borough Council is one of seven local councils—alongside Darlington, Durham, Middlesbrough, Newcastle, Redcar and Cleveland, and Stockton—forming the board overseeing the TVERF project. This collaborative effort aims to build and operate an energy recovery facility that converts non-recyclable household waste into energy, reducing reliance on landfills. The procurement process, which has been described as extensive and rigorous, recently culminated in the selection of Viridor as the operator as another company reportedly 'dropped out' of the selection process.

Viridor, a company with established experience in waste management, was confirmed as the preferred bidder after emerging as the sole remaining contender int he procurement process. The contract entails Viridor designing, building, and financing the facility, with councils committing to a long-term agreement that could span up to 40 years. In exchange, the local councils across Teesside will pay a service fee for waste processing.

Denise McGuckin, Hartlepool Council's managing director, emphasised that the tender process was conducted to ensure "best value for money" for residents, highlighting Viridor's track record in similar operations. Construction is poised to begin next year, with the facility expected to be operational by 2030. However, the path to this decision hasn't been without its controversy, where, early on in the process, another company, Green Recovery Projects Ltd, took part in the procurement process, but ultimately removed, paving the way for Viridor's unchallenged position.

The Court Case: A Procurement Dispute Emerges

Judge Stephen Davies Issued the 'Tomlin Order' on the 2nd August 2025

What was not widely known until recently is that Green Recovery Projects Ltd, the company that was poised to compete for the contract before its exclusion, took legal action against Hartlepool Borough Council. The lawsuit, filed in the Technology and Construction Court (TCC) under case number HT-2025-MAN-000020, centered around procurement issues—likely challenging the fairness or procedures of the bidding process that led to their removal.

Its claimed Hartlepool Locals could have been on the hook to pay up to £10m pounds in legal costs for the case against Hartlepool Borough Council after its claimed Green Recovery Projects Limited alleged Hartlepool Borough Council breached public contract regulations after the waste firm was disqualified from the tendering process—leaving the company liable for an estimated £10 million pounds in costs they claim were incurred during bidding process.

Represented by Pinsent Masons, Green Recovery Projects initiated the claim as a Part 7 procurement dispute. Hartlepool Borough Council, defended by DLA Piper, faced allegations that remain largely undisclosed due to what appears to be a complex non-disclosure agreement. The dispute highlights potential tensions in public procurement, where transparency is crucial for maintaining public trust, especially in high-stakes environmental projects like TVERF.

The Tomlin Order: Details Silenced in Settlement

Details of a proposed 'settlement' in the claim have been kept well out of the public spotlight, including as to whether the local tax payer is left to foot the bill

The case did not proceed to a full trial. Instead, it was concluded through a settlement formalised by what's known as a 'Tomlin order' issued by His Honour Judge Davies on the 4th July 2025. A Tomlin order is a legal mechanism in the UK that allows parties to settle a dispute privately whilst staying the court proceedings. Under this order, the terms of the agreement by both parties is kept confidential, effectively muting the details from public scrutiny.

This confidentiality agreement has sparked concerns over whether tax payers are set to shoulder the legal costs of the dispute whilst the order ensures the case is "stayed on confidential terms," preventing the release of information that could explain why Green Recovery Projects was side-lined, including what concessions, if any, were made by the council. The settlement was noted in court filings the Teesside & Durham Post uncovered as recently in early August 2025, aligning with the timing of public revelations about the legal tussle.

We will likely never know how much this legal dispute has cost local tax payers

For readers in Hartlepool and the wider Tees Valley area, this episode underscores the complexities of large-scale infrastructure projects being managed by one of Teesside's most troubled institutions. .

Whilst the TVERF promises to address waste management challenges and generate energy, the seemingly opaque handling of the procurement dispute by Hartlepool Borough Council raises some serious questions about key decision-making processes.

Hartlepool Borough Council's involvement, as a key board member, places it at the centre of ensuring that such initiatives prioritise transparency and value. As the project moves forward, stakeholders will likely be watching very closely to see if further details of the legal wrangle emerges, or if similar issues arise in future procurements.

For now, the Tomlin order keeps the full story under wraps, leaving the public to piece together what they can from available reports.

But as we are all too well aware.

Hartlepool Borough Council loves a Gagging Order or two !