R (Lynx UK Trust Community Interest Company) v Natural England

The lynx is a large wild cat which was a native species but has been extinct in the UK for over 1,300 years. It is listed as a “dangerous wild animal” under the Dangerous Wild Animals Act 1976 (“DWAA”).

Natural England declined to assess an application for a licence to release lynx under s.16 of the Wildlife and Countryside Act 1981 (“WCA”) on the grounds that the applicant would be prevented from releasing lynx by the DWAA.

Ground 1 of the Claimant’s challenge alleged that on a proper construction of the legislation, the DWAA does not prohibit the release of lynx pursuant to a licence granted under the WCA. Under Ground 2, the Claimant contended that even if further authorisation were required under the DWAA, that was not a lawful reason for Natural England to have refused to determine the Claimant’s application for a licence under the WCA.

Following a rolled-up hearing, the Court dismissed the claim.

Ground 1 was rejected on its merits. Natural England had been right to conclude that there was no lawful route for the Claimant to release lynx into the wild, in circumstances where the lynx is listed as a dangerous wild animal and it was common ground that the Claimant would require a licence under the DWAA to take possession of the lynx.

Permission was refused on Ground 2 on the basis of undue delay, the application having been made in 2022. Ms Justice Obi indicated that she would have dismissed Ground 2 on its merits in any event, as Natural England had acted lawfully in declining to undertake a full assessment of the 2022 application.

The High Court’s judgment is available here.

Paul Luckhurst and Will Bordell acted for Natural England.