Global Feedback Ltd (claimant/respondent) v HM Treasury & The Secretary Of State For Business And Trade (defendant/appellant)
Friday 7 March 2025
The Appellant appeals the decision of Lang J, sitting in the Administrative Court, who made a costs limit order under CPR 46.24 which limits the cost recoverable between parties in Aarhus convention claim.
The Claimant below (Global Feedback) brought a claim for judicial review of the Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023 SI 2023/195 (“the 2023 Regulations”).
In the context of those proceedings, the Claimant applied for a costs limit order under CPR 46.24 which limits the cost recoverable between parties in Aarhus convention claim. Lang J granted the application, finding that the claim was an “Aarhus Convention claim” within the meaning of CPR, r.46.24(2)(a); and was thus subject to costs capping. Lang J found that the Claimant presented an arguable case that there is a risk of increased GHG emissions as a result of the tariff changes made by the 2023 Regulations and that there is a public interest in the environmental issues raised in the claim.
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