The British Association for Shooting and Conservation Limited & Anor, R (on the application of) v Natural England

Facts

The British Association for Shooting and Conservation Limited brought a claim for judicial review against Natural England, the regulator, with the Secretary of State for the Environment, Food and Rural Affairs as interested party. The claim concerned conditions in licences relating to the release of pheasants and partridges for shooting on special protection areas. Those conditions extended to the keeping of game birds in pens before release, and were justified by reference to the risk of avian influenza spreading to wild birds. In an earlier substantive judgment, Ritchie J held that the keeping condition was ultra vires under section 16(5) of the Act. The judge interpreted the words "release into the wild" in section 14(1) of the Act as distinct from keeping. The claimant succeeded on the main points but failed on part of its ground 1 and on its ground 2. After that judgment, Natural England imposed the same conditions on the 2026 licences. At a consequentials hearing on 3 September 2026, the parties agreed the form of the order. The court then had to decide three matters: costs; Natural England's application for permission to appeal, supported by the Secretary of State; and an application for a stay of the order pending appeal.