Global Feedback Limited, R (on the application of) v His Majesty's Treasury & Anor

Global Feedback Limited, R (on the application of) v His Majesty's Treasury & Anor

The claim falls within the scope of Article 9(3) of the Aarhus Convention because the defendants were required to have regard to international environmental obligations under section 28 TCTA 2018 and the Paris Agreement, and the nature of the contravention alleged is sufficiently connected to environmental law. Therefore, the application for cost limits under the Aarhus Convention is granted.

Parties
Claimant: Global Feedback Limited; Defendant: His Majesty’s Treasury; Defendant: Secretary of State for Business and Trade
Jurisdiction
England and Wales
Judgment Date
30 July 2024
Procedural Posture
Judicial Review / Application for Costs Limit Order Under CPR 46.24
Outcome
Application for costs limit order under the Aarhus Convention granted.
Legal Topics
Aarhus Convention, Costs in Judicial Review, Implementation of International Environmental Obligations, Customs and Trade Regulation
Environmental Law Administrative Law International Law Aarhus Convention Costs in Judicial Review Implementation of International Environmental Obligations Customs and Trade Regulation

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Parties

Global Feedback Limited

Claimant

His Majesty’s Treasury

Defendant

Secretary of State for Business and Trade

Defendant

Procedural Posture

Judicial Review / Application for Costs Limit Order Under CPR 46.24

Legal Issues

  1. 1 Whether the claim qualifies as an Aarhus Convention claim for the purposes of costs limitation under CPR 46.24
  2. 2 Whether the Taxation (Cross-border Trade) Act 2018 (TCTA 2018) and the 2023 Regulations are sufficiently connected to environmental law to fall within Article 9(3) of the Aarhus Convention

Ratio Decidendi

The claim falls within the scope of Article 9(3) of the Aarhus Convention because the defendants were required to have regard to international environmental obligations under section 28 TCTA 2018 and the Paris Agreement, and the nature of the contravention alleged is sufficiently connected to environmental law. Therefore, the application for cost limits under the Aarhus Convention is granted.

Court Disposition

Application for costs limit order under the Aarhus Convention granted.

Orders

  • Claim designated as an Aarhus Convention claim for costs purposes.
  • Costs recoverable between parties are limited in accordance with CPR 46.24.