A High Court ruling has found that conditions imposed by Natural England (NE) on game shoots were ‘irrational’ and ‘misinterpreting the scope of their powers’.
The British Association for Shooting and Conservation (BASC) brought the case, arguing that approach had created significant uncertainty for shoots – even forcing some to close.
Handing down judgment at the Royal Courts of Justice, the Court found 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 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.
