High Court rules Natural England acted unlawfully on gamebird release licensing

The High Court has ruled that Natural England acted outside the law in its approach to the licensing of gamebird releases, handing BASC victory in a judicial review with implications for every shoot on or near a Special Protection Area (SPA) in England.

What the court decided

Mr Justice Ritchie handed down judgment at the Royal Courts of Justice on 16 July, finding that the regulator had acted unlawfully by adopting an interpretation of “release” that exceeded the meaning of the legislation enacted by Parliament.

The court ruled that Natural England cannot impose conditions preventing gamebirds from being kept on site before release, a point of immediate consequence for shoots that rear their own birds. The judge said the disputed condition was “irrational”, the regulator having misinterpreted the scope of their powers.

BASC brought the case using its Fighting Fund, arguing that Natural England’s approach had created significant uncertainty for shoots, with some forced to close. It was granted permission to proceed on all grounds in February, and judgment was reserved after a two-day hearing earlier this month.

How the row started

The row dates back to March 2025, when Defra ministers decided against renewing general licence GL45, which had covered releases of pheasants and red-legged partridges on or near SPAs in England, citing avian influenza. Natural England was left to administer an individual licensing system in its place, a scheme BASC has consistently argued was legally flawed, disproportionate and unworkable.

A judicial review that should never have been necessary

BASC chief executive Ian Bell said the judgment was not about shooting versus a regulator, but about the principle that public bodies must act within the law as they expect everyone else to. The community BASC represents manages land, delivers conservation and follows the rules, he said, and is entitled to a regulator that does the same.

Ian added that the association had done everything it could to avoid court, engaging with Natural England’s leadership only to be ignored, calling it a judicial review that should never have been necessary, paid for with public money that should never have been spent. He hoped the ruling would prove the moment the regulator chose to change.

Sir Geoffrey Clifton-Brown MP, chairman of the All Party Parliamentary Group for Shooting and Conservation, said he was delighted the court had found in BASC’s favour and that common sense had prevailed.

What happens next

BASC will consider the 47-page judgment before issuing advice to shoots in or near SPAs, and deciding on an application for costs.