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Conservation - Lovett v Bussey (3 April 1998) High Court, Queen's Bench Division

United Kingdom
15/07/1998
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Richard Lovett had been convicted of interfering with a badger sett contrary to Section 3 of the Protection of Badgers Act 1992 and had lost an appeal. The Court dismissed his further appeal which was based on Sections 8 and 9 of the Protection of Badgers Act 1992 which allow badger setts to be stopped up to prevent foxes from taking refuge in them during a fox hunt. The materials permitted under Section 8(3)(a) of the Protection of Badgers Act 1992 are "untainted straw or hay, or leaf litter, bracken or loose soil". The purpose was to allow the badger to continue to use the sett. The Court held "loose soil" was to be read in the context of Section 8(5)(a) of the Protection of Badgers Act 1992 and was a question of fact. The use of insufficiently broken up local clay soil was not sufficient and the conviction stood. (Times Law Reports, 24 April 1998)

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