PLAN B. EARTH (R on the application of) v THE PRIME MINISTER

PLAN B. EARTH (R on the application of) v THE PRIME MINISTER

The Government has complied with its statutory duties under the Climate Change Act 2008 by preparing and laying policies and programmes; disagreement with their merits does not amount to a breach. The administrative framework for climate change exists and is evolving, fulfilling positive obligations under ECHR Articles 2 and 8. The courts cannot enforce the Paris Agreement. The claimants lack sufficient evidence of victim status or family life under Article 8, and the claims are not arguable on the evidence or law.

Parties
Claimant: Plan B. Earth; Claimant: Adetola Stephanie Kezia Onamade; Claimant: Jerry Noel Amokwandoh; Claimant: Marina Xochitl Tricks; Claimant: Timothy John Edward Crosland; Defendant: The Prime Minister; Defendant: The Chancellor of the Exchequer; Defendant: The Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
21 December 2021
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review (oral Hearing)
Outcome
Permission refused on all grounds.
Legal Topics
Climate Change, Judicial Review, Statutory Duties, Human Rights Act 1998, ECHR Articles 2, 8, 14, Paris Agreement, Climate Change Act 2008
Constitutional Law Administrative Law Environmental Law Human Rights Law Climate Change Judicial Review Statutory Duties Human Rights Act 1998 +3 more

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Parties

Plan B. Earth

Claimant

Adetola Stephanie Kezia Onamade

Claimant

Jerry Noel Amokwandoh

Claimant

Marina Xochitl Tricks

Claimant

Timothy John Edward Crosland

Claimant

The Prime Minister

Defendant

The Chancellor of the Exchequer

Defendant

The Secretary of State for Business, Energy and Industrial Strategy

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review (oral Hearing)

Legal Issues

  1. 1 Whether the UK Government's climate change policies breach statutory duties under the Climate Change Act 2008
  2. 2 Whether the Government's actions breach positive obligations under ECHR Articles 2, 8, and 14 via the Human Rights Act 1998
  3. 3 Whether the claimants have victim status under the Human Rights Act 1998

Ratio Decidendi

The Government has complied with its statutory duties under the Climate Change Act 2008 by preparing and laying policies and programmes; disagreement with their merits does not amount to a breach. The administrative framework for climate change exists and is evolving, fulfilling positive obligations under ECHR Articles 2 and 8. The courts cannot enforce the Paris Agreement. The claimants lack sufficient evidence of victim status or family life under Article 8, and the claims are not arguable on the evidence or law.

Court Disposition

Permission refused on all grounds.

Orders

  • Permission to apply for judicial review is refused.
  • Defendants awarded costs summarily assessed at £20,000 unless parties make written submissions on amount.