Friends Of The Earth Ltd, R. (On the Application Of) v The Secretary of State for International Trade Export Credits Guarantee Department (UK Export Finance) ("UKEF") & Anor [2022] EWHC 568 (Admin) (15 March 2022)

Friends Of The Earth Ltd, R. (On the Application Of) v The Secretary of State for International Trade Export Credits Guarantee Department (UK Export Finance) ("UKEF") & Anor [2022] EWHC 568 (Admin) (15 March 2022)

The court held that UKEF's decision-making process did not breach public law requirements. UKEF was not under a legal obligation to ensure its support was consistent with the Paris Agreement, nor to quantify Scope 3 emissions, and it had taken climate change impacts and the Paris Agreement into account as relevant considerations. The decision was within the statutory discretion conferred by the 1991 Act, and the process was not irrational or unlawful.

Citation
[2022] EWHC 568 (Admin)
Parties
Claimant: Friends of the Earth Limited; First Defendant: Secretary of State for International Trade / Export Credits Guarantee Department (UK Export Finance) (UKEF); Second Defendant: Chancellor of the Exchequer; Interested Party: Total E&P Mozambique Area 1 Limitada; Interested Party: Moz LNG1 Financing Company Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Paris Agreement Compliance, Export Credit Agency Decision Making, Climate Change Obligations, Scope 3 Emissions, Government Finance and Climate Policy
Administrative Law Environmental Law Public Law Paris Agreement Compliance Export Credit Agency Decision Making Climate Change Obligations Scope 3 Emissions Government Finance and Climate Policy

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Parties

Friends of the Earth Limited

Claimant

Secretary of State for International Trade / Export Credits Guarantee Department (UK Export Finance) (UKEF)

First Defendant

Chancellor of the Exchequer

Second Defendant

Total E&P Mozambique Area 1 Limitada

Interested Party

Moz LNG1 Financing Company Limited

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether UKEF's decision to provide export finance for the Mozambique LNG project was lawful in light of the UK's obligations under the Paris Agreement
  2. 2 Whether UKEF failed to take into account relevant considerations, including climate change impacts and Scope 3 emissions, in its decision-making process

Ratio Decidendi

The court held that UKEF's decision-making process did not breach public law requirements. UKEF was not under a legal obligation to ensure its support was consistent with the Paris Agreement, nor to quantify Scope 3 emissions, and it had taken climate change impacts and the Paris Agreement into account as relevant considerations. The decision was within the statutory discretion conferred by the 1991 Act, and the process was not irrational or unlawful.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order quashing the UKEF decision or related approvals