Langton, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs & Anor [2019] EWCA Civ 1562 (17 September 2019)

Langton, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs & Anor [2019] EWCA Civ 1562 (17 September 2019)

The Secretary of State's guidance for supplementary badger culling was lawful as it was issued for the proper purpose of preventing the spread of disease, supported by expert opinion and rationally justified in the context of available evidence; the consultation process was adequate; Natural England's licensing...

Source-derived case information.

Citation
[2019] EWCA Civ 1562
Parties
Appellant: Thomas Langton; First Respondent: Secretary of State for Environment, Food and Rural Affairs; Second Respondent: Natural England
Jurisdiction
England and Wales
Judgment Date
17 September 2019
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Badger Culling Policy, Bovine Tuberculosis Control, Consultation Requirements, Habitats Regulations, Ultra Vires, Mitigation Measures, Public Law Rationality
Administrative Law Environmental Law Animal Welfare Law European Law Judicial Review Badger Culling Policy Bovine Tuberculosis Control Consultation Requirements +4 more

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Parties

Thomas Langton

Appellant

Secretary of State for Environment, Food and Rural Affairs

First Respondent

Natural England

Second Respondent

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State's guidance on supplementary badger culling was ultra vires section 10(2)(a) of the Protection of Badgers Act 1992
  2. 2 Whether the consultation process was lawful and adequate
  3. 3 Whether Natural England's licensing decisions breached the Conservation of Habitats and Species Regulations 2010 by relying on mitigation measures at the screening stage

Ratio Decidendi

The Secretary of State's guidance for supplementary badger culling was lawful as it was issued for the proper purpose of preventing the spread of disease, supported by expert opinion and rationally justified in the context of available evidence; the consultation process was adequate; Natural England's licensing decisions did not breach the Habitats Regulations as mitigation measures were subsequently assessed at the appropriate stage, rendering the appeal academic.

Court Disposition

Appeal dismissed

Orders

  • No relief granted
  • Licensing decisions and guidance upheld