Press release – Government’s attempted block on environmental justice over its UK-Australia trade deal to be heard in court

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Government’s attempted block on environmental justice over its UK-Australia trade deal to be heard in court

The Government is attempting to block an environmental legal challenge to its much-feted UK-Australia trade deal by appealing the £10,000 cost cap on legal fees granted to environmental campaigning charity Feedback.

The appeal will be heard on Friday 7 March at the Royal Courts of Justice, with the decision crucial in determining whether the environmental group can proceed with its challenge. While the ruling could also have a significant impact on the future of access to environmental justice and scrutiny in the UK.

Feedback has raised serious concerns about the trade deal’s environmental impact saying its environmental assessment was deeply flawed. This includes overlooking the global emissions consequences of increased imports of meat and dairy from Australia. Now it says the Government’s appeal shows it is “hellbent on suppressing access to environmental justice”.

The trade deal was signed by the Conservative Government, which also contested the charity’s legal challenge. It was expected that the new Labour Government would drop the attempted block on environmental scrutiny – but this hasn’t happened.  Despite its criticism of the Conservatives’ trade policies while in opposition, including the impact on British farmers.

The cost cap was put in place when the High Court confirmed in June 2024 that the legal case met the definition of an Aarhus Convention claim and access to environmental justice by ensuring litigation is not prohibitively expensive.

The charity argues it could risk reducing the scope of the Aarhus Convention in other cases if the Government’s appeal is upheld, as well as potentially hampering future environmental challenges.

While the government says that Feedback’s judicial review claim should not be covered by the £10,000 costs cap on environmental cases for NGOs on the basis that the claim is not a challenge relating to the environment.

Leading environmental charity WWF has been granted permission to intervene in the appeal in support of Feedback’s challenge. WWF’s submissions draw on its prior experience in international processes concerning issues around access to justice in environmental matters.

Carina Millstone, Executive Director at Feedback, said: “It’s deeply worrying that the new Government is persisting with its predecessor’s attempt to block our scrutiny of the UK-Australia trade deal on environmental grounds. This is a huge waste of time, energy and money, and a clear sign that the Government has no intention of breaking with the damaging policies of the last Conservative government when it comes to the environment and climate.

“If we lose and the cost cap is removed, it’s very unlikely we will be able to move forward with our judicial review despite its importance and validity. It’s disappointing that we’re having to fight this in court and that the new Government is hellbent on supressing access to environmental justice.”

Jake White, Head of Legal Advocacy at WWF, said: “Trade is vital for our economy. But the government is in danger of sleepwalking into poorly designed and unscrutinised trade agreements that will drive environmental destruction overseas and undermine British farmers.

“Public consultation and Parliamentary engagement should be a minimum requirement to ensure a fairer, more sustainable approach to trade deals that protect our planet and provide a better and greener path to growth for the UK.”

Liz Webster from Save British Farming, said: “With an India trade deal now on the table, this legal challenge is crucial to ensure future deals are subject to proper parliamentary oversight and comply with international law. The Australian trade deal, in particular, never underwent the necessary impact assessment required under the Paris climate accord.”

Leigh Day environment solicitor Carol Day said: “The result of this appeal is not only relevant for Feedback’s case, but could also have an impact on future environment cases seeking costs cap protection under the Aarhus Convention. These caps were brought in to support the public’s access to environmental justice, stopping funding from becoming a prohibitive factor in bringing forward a claim. Our client is concerned that the government’s appeal over costs on this case could have wider ramifications by potentially reducing the scope for environmental claims to be protected by the costs cap.”

ENDS

For more information please contact Fraser Wilson, Media Manager at Feedback, on fraser@feedbackglobal.org or 07931783084.

About Feedback

Feedback is an environmental campaign group working for food that is good for the planet and its people. To do this it challenges power, catalyses action and empowers people to achieve positive change. For more information visit www.feedbackglobal.org.