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The Court of Appeal has rejected the Badger Trust's contention that it (and others) had a legitimate expectation that the Secretary of State would maintain an independent expert panel to review the safety, efficacy and humaneness of controlled shooting of badgers in Somerset and Gloucestershire while there was any prospect that culling would be rolled out to other areas. It found that the Secretary of State had only undertaken to establish such a panel to review controlled shooting in the first year of culling in those two areas.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWCA/Civ/2014/1405.html 

James Eadie QC acted for the Defendant.

John Howell QC (instructed by The Head of Legal Services, Natural England) acted for the Interested Party.

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