header-logo header-logo

18 July 2012
Issue: 7523 / Categories: Legal News
printer mail-detail

Bad luck for badgers

Legal action to prevent a planned badger cull has failed in the High Court

Mr Justice Ouseley rejected a judicial review brought by the Badger Trust, in R (on the application of the Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs [2012] EWHC 1904 (Admin).

The Department for Environment, Food and Rural Affairs (Defra) wished to authorise Natural England to license culling to halt the spread of bovine TB.

The Trust claimed Defra’s own evidence showed the culls risked spreading the disease beyond the cull zones, and would not meet the strict legal test of “preventing the spread of disease” in the areas being licensed, as required under the Protection of Badgers Act 1992. It contended that the cost impact assessment underpinning Defra’s decision was flawed, and that Defra exceeded its legal powers when it instructed Natural England to license the cull.

Ruling in favour of Defra, Ouseley J said the Trust’s arguments on cost invited the court to “interfere unduly in the political or administrative decision-making process, a long way short of the point at which an error of law could arise”.

He said Defra planned to conduct two pilot tests, using controlled shooting, and there was no way “to test the effectiveness, humaneness and safety of the less expensive technique of controlled shooting” without trying it.

Issue: 7523 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll