Appeal against legal costs cap reaches Supreme Court

Foodrise, previously known as Global Feedback Limited, has initiated an appeal to the Supreme Court in response to the UK government's attempt to abolish a cap on legal costs related to its challenge of the legislation pertaining to the UK-Australia Free Trade Agreement. The group insists that removing this cap could make the legal proceedings prohibitively expensive, therefore jeopardising essential judicial scrutiny of the legislation. The High Court had previously granted permission for Foodrise to pursue this challenge, confirming that the government may have acted unlawfully. With the ongoing uncertainty, Foodrise warns of potentially insurmountable financial barriers that could inhibit future environmental cases.

The existing costs cap is a protective measure under the Aarhus Convention, which ensures affordable access to justice for environmental challenges. Currently, UK rules stipulate that an NGO's financial liability cannot exceed £10,000 if the case is unsuccessful. However, the government argues that the costs cap should not be applicable to Foodrise's claim regarding the free trade agreement made in 2023. This agreement, according to Foodrise, could have detrimental effects on the environment due to higher climate impacts associated with meat production in Australia, along with the potential to undermine British agricultural producers.

Foodrise claims that Australian meat production exhibits a higher emissions intensity and a larger deforestation footprint than comparable production in the UK. The organisation argues that the government did not adequately consider the UN Framework Convention for Climate Change when signing this trade accord. Although the claim was launched in 2023 and initially granted a costs cap in June 2024, the government appealed this decision in July of that year. The Court of Appeal later ruled in May 2025 that the claim would not be protected by the Aarhus costs cap, prompting Foodrise to seek Supreme Court permission to overturn this ruling.

Established in UK law in 2005, the Aarhus Convention promotes better public access to environmental justice, with the costs cap being introduced in 2013. Foodrise emphasises that a ruling to uphold the removal of the cap would severely restrict access to justice for environmental campaigners engaged in similar legal actions. Carina Millstone, executive director at Foodrise, voiced serious concerns about the consequences of the trade deal, stating that “Our fears about Australian meat and dairy flooding into the UK have predictably come to pass.” Millstone highlights the urgent need for robust environmental scrutiny, particularly in light of the climate emergency.

Leigh Day solicitor Rowan Smith, who represents Foodrise, emphasised the essential nature of the Aarhus costs cap, arguing that it is crucial for NGOs to hold the government accountable for its environmental commitments. He stated that the ruling from the Court of Appeal could limit the cap's applicability in future cases, unlawfully restricting access to environmental justice. In light of these serious implications, Foodrise is determined to bring its case before the Supreme Court for a conclusive resolution.

The National Farmers' Union has raised the alarm about the real-world impacts of recent trade deals, noting that Australian beef imports have more than doubled in the first five months of 2025 compared to the previous year, which has adversely affected farmgate prices for domestic beef producers.