The High Court has ruled that the Government’s Net Zero Strategy breaches the Climate Change Act and must be updated with quantifiable data. 

The ruling from the Royal Courts of Justice has been branded as a “landmark victory for climate justice”

Branded as a “landmark victory for climate justice” by green activists, the Royal Courts of Justice said the Government will need to update its climate strategy to include a quantified account of how its policies will achieve climate targets, based on a realistic assessment of what it actually expects them to deliver. 

Published this week amid the Met Office’s first-ever red alert for extreme heat, the judgement saw Mr Justice Holgate find that the Net Zero Strategy, which sets out plans to decarbonise the economy and includes action on EVs, doesn’t meet the Government’s obligations under the Climate Change Act to produce detailed climate policies that show how the UK’s legally binding carbon budgets will be met. 

It also finds that parliament and the public were effectively kept in the dark about a shortfall in meeting a key target to cut emissions. 

The ruling states that Greg Hands, the minister for business, energy and industrial strategy, who was responsible for signing off the Net Zero Strategy, didn’t have the legally required information on how carbon budgets would be met, but he still approved the strategy. 

The updated strategy will need to be presented to parliament for scrutiny by MPs and will need to stand up to the scrutiny of the Climate Change Committee (CCC), which recently found that the Government’s existing policies are not enough to deliver net zero by 2050. 

This was reinforced in the court proceedings, where it emerged that behind-the-scenes calculations by civil servants to quantify the impact of emissions cuts from policies in the Government’s Net Zero Strategy did not add up to the reductions necessary to meet the sixth carbon budget – the volume of greenhouse gases the UK can emit during the period 2033-37. 

In fact, current policies are expected to have a 5% shortfall over the sixth carbon budget – if not higher. But these figures have not been shared with parliament, or made available for public scrutiny, and the judgment stresses the importance of government transparency and the essential role of parliamentary accountability in efforts to tackle the climate crisis. 

The three legal challenges were brought by ClientEarth, Friends of the Earth, Good Law Project and environmental campaigner Jo Wheatley, who all welcomed the ruling this week. 

Sam Hunter Jones, senior lawyer at ClientEarth, said it was a “breakthrough moment in the fight against climate delay and inaction”. 

“It forces the Government to put in place climate plans that will actually address the crisis,” he explained.

“The court has emphasised that the risks to delivery of the UK’s climate targets are “all- important” – the Government must now address those risks when it prepares a revised strategy that meets the requirements of the Climate Change Act.” 

Hunter Jones added: “This is a huge win for climate justice and accountability.” 

The Department for Business, Energy and Industrial Strategy also commented on the judgment, saying: “The Net Zero Strategy remains government policy and has not been quashed. The judge made no criticism about the substance of our plans which are well on track and, in fact, the claimants themselves described them as ‘laudable’ during the proceedings.” 

Meanwhile, David Savage, associate vice president, UK & Ireland for Geotab, had a stark warning for fleets: “The UK High Court’s ruling of the Government’s Net Zero Strategy as unlawful is a stark warning to fleet owners that are setting targets based on these commitments. With policies that are now likely to have 5% shortfall over the sixth carbon budget, this means fleets will now require a sharp reduction in emissions if they are to meet actual targets.

“Understanding how to reduce fleet emissions demands a comprehensive vehicles telematic strategy with data that offers complete visibility over vehicles’ movements, engine health, fuel usage and much more. With this depth of data and insight fleet owners can build a clear path to sustainability and be confident in setting targets that exceed the base level of demands set by the Government.”