After careful discussion with the legal team, and the appointment of Richard Drabble QC as leading counsel (https://www.landmarkchambers.co.uk/people/richard-drabble-qc/), we are pleased to learn that Tom Langton has lodged a petition with the Supreme Court (Case Ref UKSC 2019/0205). This seeks permission to challenge the refusal by the Court of Appeal to overturn judgements made by Sir Ross Cranston in 2018. A decision on the permission application may not be determined until the New Year.
The claimant has taken this step because of a genuine belief that Sir Ross Cranston and the Court of Appeal have got it wrong and that there is, yet again, an inadequate level of certainty in the formulation of government policy in the environment. In this case with an iconic protected species and measures to address a virulent agricultural disease.
We will work with any successive government to seek to compel Defra to suspend and withdraw badger culling guidance, because the mounting evidence is that any benefit in the fight against bovine tuberculosis will never be measurable, and is highly unlikely either to exist or to make any meaningful contribution whatsoever to bovine TB control.
All that can be done is to put the legal wheels in motion and hope that if culling is not cancelled by other means, then this is a further opportunity to prevent continuation of the unwarranted, unscientific and damaging culling of badgers in England under the flawed ‘supplementary culling’ policy.
The generosity of contributors has been humbling and sincere gratitude is extended for their continued support. There are currently the additional costs of instructing Richard Drabble, one of the country’s top public law QCs, together with barrister Richard Turney at Landmark chambers. An application fee of £1,000 is required and the cost of further legal considerations and advice needed until the end of the year.
However, the decision has been made not to launch a new appeal for further funding pending the decision on whether permission is granted in the Supreme Court. Having said that, the existing appeal remains open and all donations are greatly appreciated and much needed as our appeal passes the 75% mark this week. Should permission be granted for the Supreme Court then a new appeal will be launched to cover costs. This will involve going back to some of the larger charities, donors and organisations to ask again for help.
This is another big ask. Many people and groups have already donated very generously and they may feel that there has been little return in terms of saving badgers. However, legal action has slowed and prevented badger culling in some areas, including the most sensitive nature reserves. But these are only tiny victories in the context of the current mass-expansion of badger cull areas. The Badger Crowd wants to see an end to the culling completely. We are not ready to give up on using all legal means to prevent badger culling in England. In fact we are galvanised to bring more and more scrutiny to bad decision-making. We aim to highlight poor leadership in veterinary, environmental and nature conservation administration in England. A note on the Habitats Regulations Assessment & ecological Impacts challenge and outstanding challenges that are stayed or under development is to follow.