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Court clarification demanded over landfill site contract

Ace Waste Recycling is headed for a High Court showdown in a row over a site at Harefield in Middlesex. Ace accuses Elmsdean Properties of backing out of an agreement to use The Old Brickworks as a landfill site and is asking the court to declare there was a valid contract between the two. The two companies discussed the possibility of using the land as a site in late 2005, according to a High Court writ. Elmsdean Properties agreed to grant Ace a licence to restore the land by infilling with inert material, and this was set out in an email and letter, the writ says. Elmsdean bought the land on March 28 2006, and signed a licence agreement permitting Ace to use the site for landfill the same day, it is alleged. But in March this year, Ace discovered that Elmsdean had agreed to sell the land to Samson Property Development, which would terminate the agreement, in breach of contract, the writ alleges. During correspondence between Ace and Elmsdean, Elmsdean denied the existence of the agreement, the court will hear. Now Ace is seeking a legal declaration that the agreement dated March 28 last year is a valid and binding contract.

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