Protecting Badger Setts – Where Law and Science Clash


Sir Crispin Agnew QC and his daughter Roseanna Agnew, who is an ecologist, have just had an article entitled “Protecting badger setts – Where law and science clash”, published in the peer reviewed journal Environmental Law Review.

The article reviews the narrow definition of the meaning of “badger sett” adopted in McLintock v Harris 2015 SLT (Sh Ct) 26 and concludes that while the sheriff’s construction accords with Parliament’s intention in the Protection of Badgers Act 1992, scientifically the definition does not in fact give adequate protection to badgers.

The article examines SNH’s and the other Environmental Agencies’ guidance on the meaning of “badger sett” for licencing purposes and concludes that these agencies are giving a different and wider meaning to “badger sett” than is warranted by the case law and so are leaving themselves open to judicial review challenge.

Click here for a link to the article.