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The Supreme Court yesterday heard an appeal in R (Foodrise Ltd, formerly Global Feedback Ltd) v HM Treasury, which concerns the availability of Aarhus Convention costs protection for claimants in environmental challenges. These protections ensure that environmental litigation is not prohibitively expensive, and the appeal is likely to have significant ramifications for environmental access to justice.
The appeal arises from Foodrise’s judicial review concerning regulations implementing tariff preferences under the UK-Australia Free Trade Agreement, which it contends will harm the environment because of the higher climate impact of meat production in Australia. Foodrise obtained cost capping in the High Court, but that decision was subsequently overturned by the Court of Appeal.
Conor McCarthy acts for the Appellant, Foodrise.
Nikolaus Grubeck and Will Perry act for an Intervener, Friends of the Earth.