Badger Trust, R (on the application of) v The Welsh Ministers

Badger Trust, R (on the application of) v The Welsh Ministers

The Minister was lawfully entitled to conclude, on the basis of expert advice and available evidence, that a non-selective badger cull would substantially reduce the incidence of bovine tuberculosis in cattle, that no reasonably practicable alternative existed at the time, and that all salient facts were considered. There was no legal obligation to conduct a balancing exercise between the benefit of culling and the destruction of badgers under section 21 of the Animal Health Act 1981 or the Bern Convention. The decision was not vitiated by any material error of fact or misdirection in law.

Parties
Claimant: Badger Trust; Defendant: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
16 April 2010
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Permission granted; substantive claim for judicial review refused
Legal Topics
Judicial Review, Statutory Interpretation, Wildlife Protection, Disease Control, Proportionality, International Law
Administrative Law Animal Law Public Law Judicial Review Statutory Interpretation Wildlife Protection Disease Control Proportionality +1 more

Case Brief

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Parties

Badger Trust

Claimant

Welsh Ministers

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Minister lawfully exercised statutory powers to order a non-selective badger cull under the Animal Health Act 1981
  2. 2 Whether the Minister failed to take into account material facts or proceeded on material errors of fact
  3. 3 Whether the Minister misdirected herself as to the meaning of 'eliminate or substantially reduce' in section 21 of the Animal Health Act 1981

Ratio Decidendi

The Minister was lawfully entitled to conclude, on the basis of expert advice and available evidence, that a non-selective badger cull would substantially reduce the incidence of bovine tuberculosis in cattle, that no reasonably practicable alternative existed at the time, and that all salient facts were considered. There was no legal obligation to conduct a balancing exercise between the benefit of culling and the destruction of badgers under section 21 of the Animal Health Act 1981 or the Bern Convention. The decision was not vitiated by any material error of fact or misdirection in law.

Court Disposition

Permission granted; substantive claim for judicial review refused

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review refused