Key Facts
- •Global Feedback Limited (claimant), an environmental charity, challenged the Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment Regulations 2023) (the 2023 regulations).
- •The 2023 regulations implemented the UK's obligations under a free trade agreement (FTA) with Australia, reducing import duties on Australian agricultural goods.
- •The claimant argued that the regulations would lead to increased greenhouse gas emissions due to higher emissions intensity in Australian beef production and increased consumption of Australian beef in the UK.
- •The claimant challenged the defendants' (HM Treasury and the Secretary of State for Business and Trade) failure to conduct a comprehensive impact assessment of carbon leakage.
- •The claim involved consideration of the UK's obligations under the UNFCCC and the Paris Agreement.
Legal Principles
Duty of adequate inquiry (Tameside duty)
Case law (implied)
Irrationality review
Case law (implied)
Section 28, Taxation (Cross Border Trade) Act 2018: Requirement to have regard to international obligations
TCTA 2018
Article 4(1)(f) UNFCCC: Climate change considerations in relevant policies and actions
UNFCCC
Section 31(3D) Senior Courts Act 1981: High likelihood of no substantial difference in outcome
SCA 1981
Admissibility of expert evidence in judicial review
R (Law Society) v Lord Chancellor [2019] EWHC 2094 (Admin)
Standard of proof for section 31(3D) Senior Courts Act 1981
R (Cava Bien Limited) v Milton Keynes Council [2021] EWHC 3003 (Admin)
Outcomes
Permission for judicial review granted on all grounds.
The claimant's grounds of challenge were deemed arguable, particularly regarding the defendants' failure to adequately assess carbon leakage and their consideration of international climate change obligations.
Claimant's expert evidence admitted.
The court found the expert evidence met the criteria for admissibility in judicial review claims.
Amendments to the Statement of Facts and Grounds allowed.
The court permitted the claimant to amend its statement to incorporate further details and clarify certain points.