A High Court review of the case for killing badgers in England in an attempt to tackle bovine TB begins today. The acutely controversial badger cull, which forms part of Defra’s Bovine TB Eradication Plan, is set to begin with two trial culls in Somerset and Gloucestershire this autumn.

However, cull plans were successfully challenged in April by the Badger Trust. The Trust has questioned whether the cull will be effective and humane as Defra claims and was granted a review based on three criteria.

The Trust believes that culls are only legally permissible when their aim is to eradicate a disease and not for ‘reducing incidence,’ as is the intention of Defra’s cull. It has also said Defra’s costing is flawed and the cull risks becoming unmanageably expensive for farmers if ‘free shooting’ is found to be inhumane or ineffective. Gwendolen Morgan, solicitor at Bindmans LLP, which is representing the Trust said, “In terms of its cost-benefit analysis, DEFRA made a decision on basis A, when in reality the plan may well be rolled out on basis B. As a matter of public law, that is unlawful.”

Finally, the charity questioned whether Natural England, which has been made licensing body for the cull, is an appropriate organisation to carry out the task. The case will be heard on Monday and Tuesday before Justice Ouseley in the High Court, London.

David Williams, chair of the Badger Trust, said on Friday, “We stand alone in initiating this action and raising funds for it, although we have been grateful for encouragement from other wildlife organisations. We see it as our duty to use all legal means of persuasion and scientific argument to overturn this decision which risks making a bad situation even worse”.

This morning The Guardian reported that the Badger Trust has accused the NFU of having had "undue influence" in the formation of cull policy. In a letter dated February Defra officials told the Badger Trust it would not release its communications with the lobbying group as "advice from the NFU was so integral to the development of the cull policy" that it could be considered as "internal" communication. The results of a freedom of information request submitted by the Bader Trust to Defra for these communications will not be available until Wednesday.

The NFU responded its input to informing cull policy was entirely appropriate. Defra said that, unless it is managed, bTB risks costing taxpayers around £1 billion over the next 10 years.  The department unveiled its new bTB advisory group on Thursday; despite claims the group would “Be broadened to include additional areas of scientific expertise and wildlife and conservation knowledge,” of the ten members, five are farming industry representatives and none have such conservation expertise.

Bovine TB continues to have a marked effect on the livestock industry in Britain; between January and March this year there were 1,573 new incidents of the disease and 9,422 reactor cattle or direct contacts were slaughtered over the same period.

Following a successful legal challenge in 2010 and a change of Government last year, plans for a cull in Wales were shelved in favour of a vaccination programme.

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