High Court rules Natural England acted unlawfully on gamebird release licensing

A judge has found that Natural England stretched the meaning of the law, handing shoots on or near Special Protection Areas the clarity they have been waiting for.

The High Court has ruled that Natural England acted outside the law in the way it licensed the release of gamebirds, a judgment that carries weight for every shoot on or near a Special Protection Area (SPA) in England. BASC brought the challenge as a judicial review, and came away with the win.

What the court decided

Mr Justice Ritchie handed down his judgment at the Royal Courts of Justice on 16 July. He found that the regulator had acted unlawfully by reading the word “release” more widely than the legislation Parliament actually passed allows.

Crucially, the court held that Natural England cannot impose conditions that stop gamebirds being kept on site before they are released, which lands hardest on shoots that rear their own birds. The judge described the disputed condition as “irrational”, the regulator having misjudged the reach of its own powers.

BASC ran the case through its Fighting Fund, arguing that Natural England’s approach had left shoots facing real uncertainty, with some forced to shut. The association was given permission to proceed on every ground back in February, and judgment was reserved after a two-day hearing earlier this month.

How the row began

The dispute goes back to March 2025, when Defra ministers chose not to renew general licence GL45. That licence had covered releases of pheasants and red-legged partridges on or near SPAs in England, and the decision was put down to avian influenza. In its place Natural England was left running an individual licensing system, one that BASC has argued from the start was legally flawed, disproportionate and simply unworkable.

A case that should never have been needed

BASC chief executive Ian Bell said the ruling was not about shooting versus a regulator, but about the plain principle that public bodies have to act within the law they expect everyone else to follow. The people BASC represents manage land, deliver conservation and follow the rules, he said, and they are entitled to a regulator that does the same.

He added that the association had tried everything to stay out of court, engaging with Natural England’s leadership only to be ignored. He called it a judicial review that should never have been necessary, paid for with public money that should never have been spent, and said he hoped the judgment would be the moment the regulator decided to change course.

Sir Geoffrey Clifton-Brown MP, chairman of the All Party Parliamentary Group for Shooting and Conservation, said he was delighted the court had found in BASC’s favour and that common sense had won out.

What happens next

BASC now has a 47-page judgment to work through before it issues advice to shoots in or near SPAs, and before it decides whether to apply for its costs.

Frequently Asked Questions

What did the High Court actually rule?

Mr Justice Ritchie found that Natural England had acted unlawfully by reading “release” more widely than the legislation Parliament passed allows. The regulator had misjudged the scope of its own powers, and the condition at the centre of the case was held to be irrational.

Can Natural England still stop gamebirds being kept on site before release?

No. The court ruled that Natural England cannot impose licence conditions that prevent gamebirds being kept on site before they are released. That matters most to shoots rearing their own birds, which had been caught by the condition.

Which shoots does the judgment affect?

Any shoot releasing pheasants or red-legged partridges on or near a Special Protection Area in England, where individual licensing has applied since general licence GL45 was not renewed.

Why was GL45 withdrawn in the first place?

Defra ministers decided in March 2025 not to renew GL45, citing avian influenza. Natural England was left to run an individual licensing system in its place, which BASC argued was legally flawed, disproportionate and unworkable.

What happens now for shoots?

BASC is working through the 47-page judgment before it issues advice to shoots in or near SPAs, and will also decide whether to apply for its costs.

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