Global Feedback Ltd, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWCA Civ 1549 (21 December 2023)

Global Feedback Ltd, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWCA Civ 1549 (21 December 2023)

Section 13 of the Climate Change Act 2008 does not apply to the preparation and adoption of the Food Strategy by the Secretary of State for Environment, Food and Rural Affairs; the duty under section 13 is imposed only on the Secretary of State with overall responsibility for carbon budgets (currently the Secretary of State for Energy, Security and Net Zero), and is not divisible among Secretaries of State for individual sectors or departments.

Citation
[2023] EWCA Civ 1549
Parties
Claimant/appellant: Global Feedback Limited; Defendant/respondent: Secretary of State for Environment, Food and Rural Affairs; Defendant/respondent: Secretary of State for Energy, Security and Net Zero
Jurisdiction
England and Wales
Judgment Date
21 December 2023
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review; Substantive Hearing in Court of Appeal
Outcome
Appeal dismissed; claim for judicial review refused.
Legal Topics
Statutory Interpretation, Climate Change Act 2008, Ministerial Duties, Carbon Budgets, Judicial Review Procedure
Administrative Law Environmental Law Constitutional Law Statutory Interpretation Climate Change Act 2008 Ministerial Duties Carbon Budgets Judicial Review Procedure

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Parties

Global Feedback Limited

Claimant/appellant

Secretary of State for Environment, Food and Rural Affairs

Defendant/respondent

Secretary of State for Energy, Security and Net Zero

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review; Substantive Hearing in Court of Appeal

Legal Issues

  1. 1 Does the duty under section 13(1) of the Climate Change Act 2008 apply to the preparation and adoption of the Food Strategy by the Secretary of State for Environment, Food and Rural Affairs?
  2. 2 If so, was there a failure to give significant weight to the advice of the Climate Change Committee or to give cogent reasons for departing from it?

Ratio Decidendi

Section 13 of the Climate Change Act 2008 does not apply to the preparation and adoption of the Food Strategy by the Secretary of State for Environment, Food and Rural Affairs; the duty under section 13 is imposed only on the Secretary of State with overall responsibility for carbon budgets (currently the Secretary of State for Energy, Security and Net Zero), and is not divisible among Secretaries of State for individual sectors or departments.

Court Disposition

Appeal dismissed; claim for judicial review refused.