BASC launches High Court challenge over gamebird licensing

The talking is over. After Natural England’s refusal to fully back down on gamebird licensing, BASC has formally lodged its judicial review claim with the High Court, a move that could reshape how shooting operates near Special Protection Areas.

BASC chief executive Ian Bell said the organisation had exhausted other options: “We are launching this judicial review on behalf of our members because they are entitled to clarity, fairness and a system that recognises and supports the essential work they do for wildlife, habitats and rural communities.

“We remain committed to working constructively with government and its agencies, but we will not hesitate to act when decisions put jobs and the future of sustainable shooting at risk.”

Escalation after legal ultimatum

The escalation comes just weeks after BASC issued a legal ultimatum that forced Natural England into one retreat, correcting misleading guidance on lead shot restrictions. But the regulator’s refusal to budge on the core issues has pushed the dispute into expensive and uncertain court territory.

BASC now faces the first hurdle of convincing a High Court judge that its case deserves a full hearing. If successful, the case could drag on for months, with any appeals adding further delay and legal costs.

The stakes are high for both sides. A BASC victory could force Natural England to completely overhaul its approach, potentially making licensing far less onerous for shoots. But defeat would legitimise the current system and leave shoots with little choice but to comply with what they consider unlawful restrictions.

Support builds for BASC’s challenge

Stuart Farr, partner at Harrison Drury Solicitors, told Shooting Times: “The pre-action exchanges are clearly over. Nevertheless, the process appears to have served its intended purpose of narrowing down the disputes to its core issues.”

He added that while BASC and Natural England are different entities with different priorities, they do share some common values: “While BASC will be under pressure to bring its claim due to the time limitations under the court rules, it will be interesting to see if the matter can be resolved without the need for a costly final hearing.”

The case has already drawn support from shoots caught in Natural England’s licensing web. Hugh Carter, whose Bulford & Tidworth Garrison Shoot was refused a licence despite “exceeding requirements”, said: “BASC is to be applauded for taking this challenge. Natural England fails to treat our sector appropriately and its application of policy is discriminatory. This cannot be allowed to continue to happen.”

The High Court will now decide whether the challenge proceeds to a full hearing that could define gamebird shooting’s future.

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