Judgment reserved on cost cap for Feedback’s legal challenge

A reserved judgment has been made in the case concerning the UK government’s appeal against a £10,000 cost cap on legal fees for environmental charity Feedback’s bid to overturn the UK-Australia trade deal on environmental grounds.

The judge is expected to deliver a decision by the end of March, which could have significant implications for environmental justice in the UK.

See also: Government accused of hypocrisy over Aussie trade challenge

The case centres on Feedback’s judicial review of the trade deal and whether the charity can continue its legal challenge if the cost cap is removed.

The decision could set a precedent for future access to environmental legal challenges.

In June 2024, the High Court granted Feedback a £10,000 cost cap, as set out under the Aarhus Convention, to ensure public access to justice in environmental cases.

Feedback argues that the trade deal was rushed through with limited parliamentary scrutiny and could have serious environmental consequences, particularly with increased emissions from Australian beef and dairy imports.

Carina Millstone, executive director of Feedback, said: “If we lose, it’s unlikely we can move forward. It’s disappointing that the government is fighting us on this, especially when our case is so crucial.”

The UK-Australia trade deal has faced criticism for undermining UK farming standards and failing to conduct a proper environmental impact assessment, as required under international climate agreements such as the Paris Climate Accord.

Feedback’s judicial review could set an important precedent for how future trade deals are scrutinised for their environmental impact.

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Save British Farming (SBF) and WWF-UK have backed Feedback’s challenge, emphasising the need for proper environmental scrutiny in future trade agreements.

SBF members donned lamb masks outside the High Court on 7 March to symbolise that UK agriculture is the “sacrificial lamb” in the deal, which they argue will undermine British farming standards.

The UK government declined to comment on the ongoing legal proceedings.