Judicial review decision in relation to the continuation of badger culling in Somerset and Gloucestershire upheld


Re: R (Badger Trust) v Secretary of State for the Environment, Food & Rural Affairs & Anor [2014] EWCA Civ 1405

The Trust sought judicial review of the Secretary of State’s decision to continue culling badgers in Somerset and Gloucestershire and to hold open the possibility of a wider roll out of the badger cull.

Held: there was no legitimate expectation created by the respondent’s policy statements in relation to whether the independent expert panel to oversee the cull would be kept in place after the first year, and that there would be no roll out of the cull without its say so or at least without receipt of its advice.

David Wolfe QC was involved in this case.