Badger Trust, R (on the application of) v SSEFRA

Badger Trust, R (on the application of) v SSEFRA

Section 10(2)(a) of the Protection of Badgers Act 1992 is not limited to preventing the spread of disease outside the licensed area; it encompasses reducing the incidence of disease within the area, and the Secretary of State's policy is lawful.

Parties
Appellant: Badger Trust; Respondent: SSEFRA
Jurisdiction
England and Wales
Judgment Date
11 September 2012
Procedural Posture
Judicial Review / Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Construction, Licensing for Animal Culling, Powers Under Protection of Badgers Act 1992, Animal Health Act 1981
Administrative Law Environmental Law Statutory Interpretation Statutory Construction Licensing for Animal Culling Powers Under Protection of Badgers Act 1992 Animal Health Act 1981

Case Brief

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Parties

Badger Trust

Appellant

SSEFRA

Respondent

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether Section 10(2)(a) of the Protection of Badgers Act 1992 empowers the grant of licences for culling badgers to reduce the incidence of bovine TB
  2. 2 Statutory interpretation of 'preventing the spread of disease' versus 'reduce the incidence of disease'
  3. 3 Legislative history and purpose of licensing powers for badger culling

Ratio Decidendi

Section 10(2)(a) of the Protection of Badgers Act 1992 is not limited to preventing the spread of disease outside the licensed area; it encompasses reducing the incidence of disease within the area, and the Secretary of State's policy is lawful.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed