A city MP has lost a High Court appeal against Birmingham City Council over green waste but vowed to take it to the Supreme Court.

John Hemming (Lib Dem Yardley) launched a court bid against the council's controversial garden waste policy - dubbed the garden tax - last year, saying it had a duty to collect waste dumped by residents who refused to pay for green bins.

In the latest development, Mr Justice Wilkie, in the High Court sitting in Birmingham, ruled in favour of the council, with Mr Hemming ordered to pay its £13,101 costs from the case so far, plus additional costs from the recent case, which are likely to be between £4,000 and £5,000.

The latest case was an appeal against a decision by District Judge Robert Zara in Birmingham Magistrates' Court in October.

Judge Zara had ruled Mr Hemming's application for a litter abatement order needed to concern a particular piece of land and could not cover a whole constituency.

He added that, since the council had already collected piles of waste complained about, the application under Section 89 of the Environmental Protection Act could not succeed.

The latest ruling was welcomed by Coun Lisa Trickett, cabinet member for a green, smart and sustainable city, who said: "We regret the resources yet again taken up in what was essentially pointless court action when we could have put our energies into collaborating on ensuring citizens have clean, well-managed streets.

"We are pleased the courts have supported the view we have repeatedly expressed to Mr Hemming - we have made every effort to deal with the issue of dumped green waste during the transitional first year of our new chargeable service."

Coun Trickett added that the council would continue to do all it could to keep the city's streets clean, despite funding cuts, and liaise with residents.

But Mr Hemming has vowed to continue his fight.

He said: "It is an issue I intend taking further, either to the Court of Appeal or to the Supreme Court. For me, I have already had a victory because they cleared up a lot of rubbish.

"I will continue the battle and continue fighting the good fight to make sure the city is kept clean. It is a dreadful situation if the council is allowed to get away with this."