Farming News - Court backs Hereford Cattle Society in landmark ruling for breed governance
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Court backs Hereford Cattle Society in landmark ruling for breed governance
The Hereford Cattle Society has welcomed a High Court decision confirming that Traditional Herefords will remain a sub-population of the Hereford breed rather than being recognised as a separate breed.
The ruling, which follows a dispute spanning more than five years, is believed to be the first court decision of its kind and could have wider implications for livestock breed societies across the UK that oversee recognised sub-populations within established breeds.
The Hereford Cattle Society represents more than 1,000 active Hereford breeders across the UK. The Cattle Society, alongside Defra, and represented by agricultural litigation specialists Clarke Willmott LLP, successfully defended an application by breeder Peter Hall seeking permission to proceed with a judicial review claim.
The Court refused permission for the claim to proceed and found Defra's decision not to exercise investigative or enforcement powers against the Hereford Cattle Society to be lawful.
At the heart of the dispute was the status of Traditional Herefords and the Society's decision not to adopt a non-peer reviewed genetic test, commissioned by the Claimant.
The Society maintained that all animals registered in their Herdbook are pure bred Herefords and Traditional Herefords should continue to be recognised as part of the wider Hereford breed and managed within the existing Herd Book framework.
The judgment is expected to be of interest beyond the Hereford breed, with many livestock breed societies responsible for managing recognised sub-populations, bloodlines and breeding records. The decision reinforces the role of breed societies in determining breed governance and maintaining Herd Books, while recognising the regulatory oversight exercised by Defra.
Seth Wareing, general manager of the Hereford Cattle Society said: "We welcome this decision, which provides clarity for our members and supports the Society's role in maintaining the integrity of the Hereford breed.
"We are grateful to Clarke Willmott and Ted Loveday of Maitland Chambers for their tireless work in supporting the Society and defending this application. The Society will continue to operate for all its members and maintain the Herd Book in accordance with the objectives of the Society."
Laura Mackain-Bremner, agricultural litigation specialist and a partner at Clarke Willmott in Taunton, said: "This decision is significant because it reinforces the role of breed societies as custodians of their breeds and herd books.
"For Hereford breeders, it provides certainty following a dispute that has continued for more than five years. More broadly, it offers useful guidance for other livestock breed societies facing similar questions around breed governance, genetic testing and the recognition of sub-populations."
The Hereford Cattle Society said it will continue to monitor scientific developments and advances in genetics to ensure its breeding policies remain evidence-based and support the long-term integrity of the Hereford breed and its recognised sub-populations.
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.