Natural England refused permission to appeal gamebird ruling

Natural England has lost its bid to appeal the High Court ruling that it acted unlawfully in the way it licensed the release of gamebirds. At a hearing on Thursday 3 September, Mr Justice Ritchie confirmed his original judgment stands, refused the regulator permission to appeal and dismissed its request to pause the ruling while it considered its next steps.

What did the judge say about Natural England’s conduct?

According to BASC, which brought the challenge, the judge described an earlier threat by Natural England to withdraw all licences subject to review as tantamount to “bullying”, and said he hoped the regulator would in future act in a professional and proper way without “idle threats”.

He ordered that BASC receive 100% of its legal costs, and emphasised the human toll of the regulator’s actions on rural workers, businesses and the communities built around shooting.

How did the case reach this point?

Mr Justice Ritchie ruled on 16 July that Natural England had overstepped its powers in the way it licensed gamebird release, adopting an interpretation of “release” that went beyond the meaning set by Parliament. BASC brought the judicial review using its Fighting Fund, arguing the regulator’s approach had created significant uncertainty for shoots on or near special protection areas, even forcing some to close.

Natural England said in July that it intended to appeal. Thursday’s hearing dealt with that application, and with how the judgment takes effect. The answer was emphatic on both counts: permission refused, and immediate effect with no further delay granted.

BASC chief executive Ian Bell said: “Once again, the judge has reaffirmed that the quango acted outside the law, going as far as to say its behaviour was tantamount to bullying. We must not forget the consequences. Some shoots were forced to close because of Natural England’s actions, and people’s businesses and livelihoods were affected. That matters.”

He added: “But our fight doesn’t end here. Tomorrow the government launches a two-month call for evidence on gamebird shooting. Make no mistake, this is a fight for the future of shooting, and we need to be ready.”

What happens next?

The ruling takes effect immediately. Natural England had published no response by this morning, and its July statement of an intention to appeal remains the regulator’s last public word on the case.

Attention now turns to Defra’s call for evidence on gamebird rearing, release and shooting, which opens today and runs to 1 November. BASC says it will set out what the exercise means, what is at stake and what members need to do.