Court orders full hearing of lynx re-introduction claim

On 4^th March 2026, the High Court ordered a full hearing of a claim by our clients Lynx UK Trust against Natural England. The Trust argues that Natural England acted unlawfully in their approach to a licence application for the release of lynx into the wild.

Lynx UK Trust seeks to reintroduce the Eurasian lynx to the UK, where it has long been extinct. The aim is not only to reinstate what was once the UK’s apex predator, but also to assist rewilding efforts by controlling deer populations which will, in turn, allow vegetation to regenerate, restoring important habitat for species including hedgehogs and ground-nesting birds.

In 2018, the Trust applied for a licence under the Wildlife and Countryside Act 1981 (‘WCA 1981’) to release six lynx in Kielder Forest. This application was considered, but it was refused on the advice of Natural England, on the basis that further detail was required.

A second application was therefore submitted in 2022, to pilot the release of three lynx in Kielder Forest. However, Natural England eventually refused to consider this application, stating that releasing lynx would not comply with the Dangerous Wild Animals Act 1976 (‘DWAA 1976’) and so there was no reasonably foreseeable prospect of the licensed activity being lawfully carried out.

We have been instructed to challenge Natural England’s position, on two grounds, which are in summary:

1) DWAA 1976 does not prohibit the release of lynx pursuant to a licence granted under WCA 1981

DWAA 1976 is focused on the “keeping” of wild animals and the prevention of their “escape.” However, deliberately releasing lynx into the wild means that there would be no “escape”. Therefore, releasing lynx pursuant to a licence granted under WCA 1981 would not conflict with DWAA 1976, and it was unlawful for Natural England to refuse to determine an application on this basis.

Alternatively, any prohibition on releasing lynx under DWAA 1976 is impliedly repealed by the later Wildlife and Countryside Act 1981. Section 16 of WCA 1981 makes clear that releasing lynx would be permitted where a licence is granted for that purpose, meaning that any interpretation of DWAA 1976 that conflicts with this provision should be deemed “irreducibly inconsistent” and therefore “impliedly repealed” (Thoburn v Sunderland City Council [2003] QB 151).

This aligns with WCA 1981 being the Act giving effect to the UK’s obligations under the Bern Convention and the Rio Convention. Both conventions encourage the reintroduction of native and threatened species, with the Bern Convention specifically noting lynx in its list of endangered species. WCA 1981 can also be seen as the only legislative instrument transposing Article 22 of the EU Habitats Directive into domestic law. This Article required Member States to study the desirability of re-introducing species, including lynx, where this might contribute to their conservation. Therefore, in order for the UK to be compliant with its international obligations, WCA 1981 should be interpreted as permitting the reintroduction of lynx.

2) Even if DWAA 1976 does prohibit the release of lynx, this is not a lawful reason for Natural England to refuse to determine the licence application under WCA 1981

Regardless of whether DWAA 1976 would prevent the release of lynx after the grant of a licence under WCA 1981, Natural England has a statutory duty to consider an application for such a licence.

In addition, following the principle in Gateshead MBC v Secretary of State for the Environment [1995] Env. L.R. 37, Natural England should assume that other regulatory regimes will function effectively but should not seek to pre-judge their outcome.  Moreover, even if an amendment to the DWAA 1976 were required, any such amendment is extremely unlikely if applications are never given any consideration.

Finally, Natural England previously considered the Trust’s 2018 application. At that time, the relevant law was the same, and Natural England had no difficulty considering and determining the application. Moreover, the current approach fails to take into account not only international obligations, but also more recent developments, such as the aims of the Government’s 2025 Environmental Improvement Plan and Natural England’s stated ambition of reintroducing lynx to Britain within the next two years.

Richard Turney KC of Landmark Chambers is instructed as counsel.