On Wednesday the Court of Appeal dismissed the Badger Trust's legal challenge against the government's controversial badger culling policy.

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The second period of four-year 'pilot' badger culls ended in the South West last week. Leaked figures suggest that once again targets were missed in Gloucestershire and only just achieved in Somerset, though anti-cull groups claim "Kill targets were deliberately set to be achievably low" this year.

The Badger Trust's third legal challenge against Defra's culls in as many years was rejected by the High Court in August, before shooting resumed. However, the Trust was granted permission to refer its case to the Court of Appeal in September.

The Trust contended that Defra had acted unlawfully in refusing to appoint an independent group of experts to monitor the 2014 culls, and claimed a lack of impartial oversight would mean data gained from this year's culls should not be used to inform a roll-out, which is still Defra's intention.

Though the Court of Appeal rejected the Badger Trust's claim that a promise made by the secretary of state could be considered an "Enforceable legitimate expectation," wildlife groups have said that the ruling "Doesn't in any way change the fact that culling badgers in an effort to control cattle TB has been thoroughly and robustly discredited by the overwhelming majority of scientists and wildlife disease experts."

The Court did note that the Government's policy could be "said to be characterised by a tone of optimism as to the likely success of the pilot scheme in the first year."

Commenting after the Court handed down its verdict, Badger Trust spokesperson Jeff Hayden said, "The current Secretary of State rightly has not jumped, as her predecessor did, to a premature conclusion regarding the result of the second year of the culls.  However, if the leaked figures regarding effectiveness are correct, then contrary to the suggestions of the National Farmers' Union, she cannot yet again move the goalposts, particularly when she has refused to have an independent referee.

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"If the second year of the pilots has not met the standards determined by the Secretary of State, she must acknowledge that the pilots are a failure and culling cannot be rolled out more widely.  Instead, Defra should commit to rigorous cattle control measures as employed in Wales where a reduction of 48% in bovine TB (bTB) has been achieved during the last five years.  The small threat from badgers should be dealt with by vaccination rather than inhumane and ineffective slaughter."

Also commenting, NFU Deputy President Minette Batters said, "We are pleased that the Badger Trust’s appeal has been robustly dismissed by the Court of Appeal and that it was a unanimous decision by the three Lords Justices of Appeal‎.

"Yet again the courts have ruled that this Government policy is lawful, despite numerous challenges by the Badger Trust. We remain confident that these pilots will help to deliver a reduction of TB in cattle and it is vital that they are allowed to be successfully completed so they can deliver the maximum disease control benefits."

Since 2012, the government has been clear that the purpose of the pilot culls "Is to test the assumption that controlled shooting is a humane culling technique." The impact of the culls on bovine TB levels is not being measured in either cattle or badgers.

On Thursday, a Defra spokesperson said, "We are pleased that the Court of Appeal has found in our favour. As we have always been clear the Independent Expert Panel’s role was to oversee the 6-week pilots in the first year of the culls only."