Associate Lui Asquith has written an article in the Solicitors Journal exploring how the Court of Appeal in HM Treasury v Global Feedback Ltd [2025] EWCA Civ 624 clarified the limits of what counts as an “Aarhus claim” for the purpose of environmental costs protection.
Lui explains that the judgment marks an important recalibration of the Aarhus Convention’s scope within UK law, outlining how the Court determined that Global Feedback Ltd’s challenge to the UK-Australia Free Trade Agreement, while environmentally motivated, did not arise under a law whose main purpose was environmental protection.
The article highlights that the Court’s reasoning focuses on the purpose of the legal provision allegedly breached, not the effect of the decision on the environment; Lui notes this effectively narrows access to Aarhus costs protection, reinforcing that claimants must show a direct link to environmental regulation rather than rely on broader connections.
Not every case with environmental consequences will qualify as an Aarhus claim. General public law errors (even if tied to environmental outcomes) won’t necessarily trigger Aarhus costs protection. In determining the extent to which article 9(3) may apply, an essential question is whether the claimant is able to allege that the defendant has contravened a national legal provision for the protection or regulation of the environment. That will depend upon the wording, context and purpose of the provision under which the defendant has acted.
The full article is available in Solicitors Journal here.
About Lui
Lui Asquith is an associate in the regulation and public law team with particular experience in public interest litigation, including cases concerning human rights law, government policies and environmental justice. They also advise on judicial reviews and discrimination claims.
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