BASC hails High Court decision as a victory for the countryside

[Conor O'Gorman]

BASC has welcomed the decision of the High Court to dismiss attempts by Wild Justice to limit pest control in Wales as a victory for the countryside.

In a judgement released today following a protracted legal battle, Judge Jarman QC rejected all three of Wild Justice’s claims that the legal process of controlling pest birds, general licences, were not lawful. In his judgment he described the current approach as ‘rational’.

BASC spent in excess of £140,000 from its newly-launched ‘Fighting Fund’ to give shooting a voice in the legal challenge and to help Natural Resources Wales defend the case. BASC fought to be recognised by the court as ‘interested parties’.

BASC’s written submissions supported Natural Resources Wales argument for the continued use of general licences.

BASC’s Wales director Steve Griffiths said: “This result is vindication of BASC’s decision to step into this legal battle to ensure the voice of shooting was heard by the court.

“We were prepared to commit a substantial sum of money to this case but we did so because we felt it was important to fight for the countryside and to give a voice to those people who live and breathe the management of the countryside.

“Wild Justice failed with all three legal points and, while there may be some minor technical points to consider, this judgement today is a resounding success for the rural community. It is also another defeat for Wild Justice and their methods, after they were admonished by the High Court in England recently.

“BASC requested Wild Justice drop this case in Wales at the beginning of 2020 because their attack on shooting was going to waste valuable tax-payer funds and NRW’s resources at a time of national crisis.

“General licences are an essential tool for farmers, conservationists, and pest controllers. While we welcome discussions about the future of pest control, this needs to be done round a table not in the courts.”

Wild Justice has today said it will not appeal the court’s decision.

The full judgement can be downloaded here.

 

[quarryman]

Can you claim legal expenses from Wild Justice?

 

[Kalahari]

It would be good if they could. I am sure that it would be the best way to shut them up. When they asked to be crowd funded for getting it all wrong. By the way BASC appears to have done well but don't mention it out loud.

David.

 

[Tedward]

Wild Justice are also claiming victory:

Earlier this morning, His Honour Justice Harman handed down his judgment on Wild Justice's judicial review of Natural Resources Wales's general licences. His judgment further limits the casual killing of birds under general licences and has implications for general licences in other parts of the UK. Wild Justice is delighted at the content of the judgment, and its implications, even though the judge did not go as far as saying that the current licences are unlawful.

 

[Liveonce]

Looks like crows can only be shoot in certain months not all year round which is what WJ is calling progress, unless I am reading it wrong.

 

[Benelli m2]

Is this just in Wales as I'm crow shooting tomorrow

 

[Tedward]

I’d like to hear BASC’s reply on the topics that WJ is claiming as it’s victory in Wales, and will this affect English GL interpretation ?

 

[Tedward]

Extract from WJ 48 :


The judgment:

The Wild Justice challenge of the Welsh general licences concerned the circumstances under which the licences can lawfully be used. And our main concerns were about the conservation licence (GL004) which authorises the killing of four corvid species (Carrion Crow, Magpie, Jackdaw and Jay) for the purpose of conserving wild birds.

The judgment considered the following;'For example, carrion crows, of which there are about 20,000 pairs in Wales, prey upon the eggs and chicks of ground nesting birds, such as curlews, of which there are less than 400 pairs left in Wales.' and later stated 'Thus, in the example given above NRW accepts that the relevant licence (004) should be used only to kill crows during the months between egg laying and when the chicks are well grown, namely April to July, and only in those areas where curlews nest, which do not extend to urban areas. It should not permit someone to kill a crow in the autumn or in an urban area on the basis that that bird might someday at some place take a curlew’s egg or chick.'. In other words, you can only kill Carrion Crows under this licence where the Carrion Crows are a present danger to species of conservation concern - in those places at those times. Wild Justice believes that this is a highly significant and very welcome clarification.

 

[Oldstalker]

Between this and the Countryside Alliance's win over the RSPCA with the Charity Commissioners it would appear the antis collectively will have had to wind their necks in a little. The problem is that in both instances it has cost a lot of money to knock these problems (temporarily) on the head.

 

[Tedward]

WJ’s parting shot at BASC :

6. In passing, Wild Justice would like to thank BASC for their intervention in this case. In our opinion, BASC's presence did nothing to change the course of this court case, which hinged on the law, except that it made it abundantly clear that BASC wished the licences to be interpreted in a much broader way with none of the restrictions of time of year or location that NRW, Wild Justice and now the court understand them to have. We thank BASC for demonstrating the impacts of the vagueness of the current published NRW licences.


Dr Mark Avery of Wild Justice said 'We are very pleased. We expect NRW to move very quickly to clarify their online general licences in line with this important judgment. DEFRA too should consider the wording of its general licences for England.'.

 

[User00025]

WJ’s parting shot at BASC :

6. In passing, Wild Justice would like to thank BASC for their intervention in this case. In our opinion, BASC's presence did nothing to change the course of this court case, which hinged on the law, except that it made it abundantly clear that BASC wished the licences to be interpreted in a much broader way with none of the restrictions of time of year or location that NRW, Wild Justice and now the court understand them to have. We thank BASC for demonstrating the impacts of the vagueness of the current published NRW licences.


Dr Mark Avery of Wild Justice said 'We are very pleased. We expect NRW to move very quickly to clarify their online general licences in line with this important judgment. DEFRA too should consider the wording of its general licences for England.'.

All about as useful as Tits on a bull if you live in England. All to confusing to me I'll just carry on as normal.

 

[TH4]

How surprising that WJ are claiming it as a victory. They are hardly going to say to all the idiots that crowd fund them, actually we lost this case as well but keep giving us your money anyway we will win one soon.

 

[mudman]

Well done but wow £140,000 is a lot of money to spend. I dread the day when a big battle needs to be fought in the courts, hopefully the smaller associations will chip into the fighting fund if needed

 

[CarlW]

I'm no fan of BASC but this is exactly where they should be spending their members' money. Worth every penny, and ten times that amount if required, in order to defend our countryside.

Whether BASC won or WJ won, I have no idea: I don't trust the word of either of them.

 

[Roestalker39]

Well done but wow £140,000 is a lot of money to spend. I dread the day when a big battle needs to be fought in the courts, hopefully the smaller associations will chip into the fighting fund if needed

We keep hearing about a 8m fighting fund ..... so not all that much
But I wouldn’t worry they’re not known for fighting battles ... if the above is true it’s the exception not the rule

 

[rarms]

So can crows only be killed under license during the nesting seasons? That doesn't seem like a win?

 

[Kalahari]

Well with the claim that WJ won,look at the NE case where they had to withdraw and the judge said that they would not have won in any case even if they had continued with the case they still claimed to have won. Can't admit to their devoted disciples that they are wasting their money.

David.

 

[Jgray]

Good news !

 

[kes]

It would be helpful if there was a neutral assessment of this ruling - what was won and what was lost. I live in Wales and my view (for hat its worth) is that carrion crows are incorrigible and should be shot on sight. Who are these people to dictate to those who actually see predation and must judge accordingly ? I shall advocate a little favourite of mine - "for the observance of fools" and the guidance of wise men. I don't accept this ruling and will judge each case on its merits. As for BASC, I agree with Carl's post above about trusting the word of ................

 

[Benelli m2]

All about as useful as Tits on a bull if you live in England. All to confusing to me I'll just carry on as normal.

Me too