HM Treasury & Anor v Global Feedback Limited

HM Treasury & Anor v Global Feedback Limited

A claim only falls within Article 9(3) and (4) of the Aarhus Convention if the contravened national law is for the protection or regulation of the environment. Section 28 of the Taxation (Cross-Border Trade) Act 2018 is not such a provision; it is a general requirement to have regard to international arrangements....

Source-derived case information.

Parties
Appellant: HM Treasury; Appellant: Secretary of State for Business and Trade; Respondent: Global Feedback Limited; Intervener: WWF UK
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Judicial Review / Appeal Against High Court Determination on Costs Protection Under Aarhus Convention
Outcome
appeal allowed
Legal Topics
Aarhus Convention, Costs Protection, Judicial Review, Interpretation of Treaties, Public Law Principles
Environmental Law Administrative Law International Law Aarhus Convention Costs Protection Judicial Review Interpretation of Treaties Public Law Principles

Source-derived case record

Summary, issues, holding and outcome

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Parties

HM Treasury

Appellant

Secretary of State for Business and Trade

Appellant

Global Feedback Limited

Respondent

WWF UK

Intervener

Procedural Posture

Judicial Review / Appeal Against High Court Determination on Costs Protection Under Aarhus Convention

Legal Issues

  1. 1 Whether the claim falls within Article 9(3) and (4) of the Aarhus Convention as a national law relating to the environment
  2. 2 Whether s.28 of the Taxation (Cross-Border Trade) Act 2018 is a provision of national law relating to the environment
  3. 3 Whether breaches of public law principles in a non-environmental statutory context engage the Aarhus Convention

Ratio Decidendi

A claim only falls within Article 9(3) and (4) of the Aarhus Convention if the contravened national law is for the protection or regulation of the environment. Section 28 of the Taxation (Cross-Border Trade) Act 2018 is not such a provision; it is a general requirement to have regard to international arrangements. Breaches of public law principles in a non-environmental statutory context do not engage the Aarhus Convention. The claim is not an Aarhus Convention claim and does not attract costs protection under Part IX of CPR 46.

Court Disposition

appeal allowed

Orders

  • The claim is not an Aarhus Convention claim under CPR 46.24(2)(a).
  • Costs protection under Part IX of CPR 46 does not apply.