Court Finds Natural England Gamebird Licence Conditions 'Irrational'

Quick summary

• High Court ruled Natural England's gamebird release licensing unlawful, exceeding the powers granted by Parliament.

• Mr Justice Ritchie branded the licence conditions ‘irrational’, centring on the disputed meaning of ‘release’.

• The dispute began last year when Defra dropped the general licence near Special Protection Areas.

• BASC, which brought the challenge, will review the judgment and consider applying for its legal costs.

The High Court has ruled that Natural England acted unlawfully in the way it operated its gamebird release licensing near protected sites in England.

In a judgment handed down on 16 July 2026, Mr Justice Ritchie found that the regulator had exceeded the powers granted to it by Parliament, and that conditions it attached to release licences could not stand.

The decision affects shoots operating on or near Special Protection Areas, and resolves a dispute that has left many of them without settled rules for two seasons.

What the gamebird release licensing judgment decided

At the centre of the case was the meaning of the word "release". Natural England had treated birds as released once they were placed in secure pens, and used that reading to prevent shoots from keeping gamebirds on site before a set date.

The court found this went beyond the legislation Parliament passed. Mr Justice Ritchie ruled the conditions unlawful and described them as "irrational", on the basis that the regulator had misread the scope of its own powers.

The judgment runs to 47 pages. Sir Geoffrey Clifton-Brown MP, who chairs the All Party Parliamentary Group for Shooting and Conservation, welcomed the outcome.

How the dispute arose

The licensing regime dates to March 2025, when Defra decided not to renew the general licence that had previously covered the release of pheasants and red-legged partridges on or near Special Protection Areas, citing the risk of avian influenza.

Natural England was tasked with running an individual licensing system in its place.

BASC, which brought the challenge, argued that the scheme was legally flawed and left shoots uncertain about how to comply. The High Court granted permission for the judicial review in February 2026, and the case was heard over two days before judgment was reserved.

Natural England has said its approach was shaped by concerns about avian influenza and the protection of overwintering birds. The court's finding concerned the regulator's legal powers, not the underlying disease risk.

What happens next for affected shoots

BASC has said it will review the full judgment before issuing detailed advice, and will consider an application for its legal costs. The ruling limits the conditions Natural England can lawfully apply to release licences, and the regulator will need to revise its approach in light of it.

Until fresh advice is published, shoots planning releases near Special Protection Areas should continue to follow Natural England's current guidance and confirm their licensing position before the season.

Anyone whose shoot has been affected should keep a record of the conditions imposed on them and take advice ahead of the next release season.