A legal challenge to the scrap cash ban has been thrown by the High Court.
Amy Bird of One Stop Recycling, who led the challenge to today’s scrap cash rule change told MRW she understood the court had been unwilling to interfere in a political Government decision.
Bird said she was disappointed, but not surprised, by the conclusion.
“This isn’t about the scrap metal industry, this is about politics,” she added. “The decision had already been made. I don’t think any of our hard, factual evidence was even considered. I think they had made their decision before we even got in front of the judge that they were not going to even consider it.”
The group of independent scrap traders had argued for a delay to the ban on cash payments claiming it was unclear in its scope, was not subject to proper consultation, and unfairly discriminated against licensed scrap dealers. They said the rules posed a “serious risk to the commercial viability” of a large number of small and medium sized businesses.
But the Government has denied there is a lack of clarity or ambiguity in the provision of the law, and saying there is no requirement for it to provide guidance to businesses on how to adapt.
Bird condemned the response, and asked how the industry was supposed to know how to comply with the law without guidance.
“Unfortunately”, she said, “we mounted the legal challenge too late”.