BASC wins High Court challenge against Natural England

BASC has won its High Court challenge against Natural England, with Mr Justice Ritchie ruling today that the regulator acted outside the law in its approach to the licensing of gamebird releases.

Handing down judgment at the Royal Courts of Justice, the Court found Natural England (NE) had acted unlawfully by adopting an interpretation of ‘release’ that exceeded the meaning of the legislation enacted by Parliament. The Court ruled that NE cannot impose conditions preventing the keeping of gamebirds on site prior to release.

In his summary, Mr Justice Ritchie said the conditions imposed by NE were “irrational” due to them “misinterpreting the scope of their powers”.

BASC used its Fighting Fund to bring the case, arguing that NE’s approach had created significant uncertainty for shoots – even forcing some to close.

BASC brought the challenge only after repeated attempts to resolve the issue directly. The association engaged with NE’s leadership team and set out its concerns in detail before issuing proceedings. Those concerns were ignored, leaving legal action the only remaining route.

The judgment confirms that public bodies must exercise their powers within the limits set by Parliament.

BASC chief executive Ian Bell said: “This judgment is not about shooting versus a regulator. It is about the simple principle that public bodies must act within the law, just as they expect everyone else to.

“The community that BASC represents are custodians of the countryside. They manage land, deliver conservation and follow the rules. They are entitled to a regulator that does the same. Today the High Court has confirmed that NE did not.

“We did everything we could to avoid this. We engaged with NE’s leadership and we were ignored. The result is a judicial review that should never have been necessary and public money that should never have been spent.

“BASC has proven today that we are willing to use every available tool in the fight to protect shooting and the community we represent.

“BASC has also continually argued that the countryside needs a regulator that works. We hope today’s judgment is the moment NE chooses to change and we are willing to be part of that conversation to protect the future of rural Britain.

“BASC will consider the full terms of the written judgement before considering its application for costs.”

Sir Geoffrey Clifton-Brown MP, chairman of the All Party Parliamentary Group for Shooting and Conservation, said: “We have been working closely with BASC on these gamebird issues. I am delighted that the High Court has come out in favour of BASC’s argument and that common sense has prevailed.”

BASC will now consider the detail of the 47-page judgement before issuing further advice on how this will affect shoots in or near SPAs in England.