Fieldfisher is pleased to have acted for the UK Trade Remedies Authority (TRA) in a significant judicial review case that reaffirms the TRA’s investigative approach and clarifies the scope of its legal obligations.
The claimant, global manufacturer of construction equipment Caterpillar, sought to challenge the TRA’s decision to recommend trade remedy measures in respect of imports of Chinese-manufactured excavators. Caterpillar argued that the TRA had acted unlawfully in publishing a ‘provisional affirmative determination’ which provisionally found that excavators were being dumped in the UK and recommended the imposition of a guarantee on importers.
It also submitted that the Secretary of State had acted unlawfully in accepting that recommendation.
In a ruling delivered by the Administrative Court, the claim was dismissed in its entirety. The Court also found that Caterpillar had breached its duty of candour in the proceedings.
This important decision affirmed the TRA’s methodology and approach to trade remedy investigations. It is the first time the TRA has faced a judicial review challenge since its establishment as an independent body post-Brexit, marking a milestone for the UK's trade remedies regime.
Andrew Hood, Partner and Head of Fieldfisher’s International Trade team, commented:
“We are delighted to have supported the UK Trade Remedies Authority in this landmark case. The judgment affirms the TRA's approach to investigations and the scope of its obligations. This victory was made possible by the excellent collaboration between our talented judicial review and trade remedies teams, and the outstanding counsel from Brick Court Chambers (Victoria Wakefield KC and Tim Johnston) and 4 New Square Chambers (Alex Forzani).”
The Fieldfisher team was led by partners Andrew Hood (trade remedies) and Sarah Ellson (judicial review), supported by Olivia Rogers, Chloe Williams, Charlie Smith, and Ursula Monney. The team also benefited from the support of Condor, Fieldfisher's alternative legal solutions platform, which assisted in managing and filtering the vast amount of documentation within the expedited timescales.
This result highlights the Fieldfisher Regulatory practice's deep expertise in navigating complex trade and public law matters. With a multidisciplinary team and a collaborative approach, Fieldfisher remains a trusted advisor at the forefront of international trade and public law.
