Foodrise case seeks to revive Aussie trade deal challenge

A Supreme Court case on the cost of bringing environmental legal challenges could have implications for UK farming and trade policy, including the UK-Australia deal.

Campaign group Foodrise will appear before the court on 11 June seeking to reinstate a cap on legal costs for environmental cases, after a Court of Appeal ruling removed protections that limit the financial risk for NGOs.

The case centres on a challenge to the UK-Australia free trade agreement, which Foodrise says was not properly assessed for its climate impact and could increase pressure on UK livestock producers by allowing imports from different production systems.

See also: Government accused of hypocrisy over Aussie trade challenge

At issue is whether the case qualifies for protection under the Aarhus Convention, which caps legal costs in environmental cases – typically at £10,000 for NGOs.

Foodrise, the charity formerly known as Feedback, argues that removing the cap could make it prohibitively expensive to challenge decisions affecting climate, nature and agriculture.

The UK government says such protections should apply only to cases directly concerning environmental law, not broader trade or economic measures.

Commenting on the case, Liz Webster, founder of Save British Farming, said the outcome could affect how farming concerns are raised.

“Farmers need confidence that trade deals will be properly scrutinised for their environmental and production impacts,” she said.

“If the cost of bringing challenges becomes too high, it risks shutting out the farming voice from decisions that directly affect the sector.” 

The ruling is expected to clarify how environmental protections apply to future cases involving farming, land use and trade.