A UK court ruling on the Hereford breed has reinforced the role of breed societies in deciding how cattle are classified and managed according to one agricultural law expert.

Peter Hall, a breeder of purebred Hereford (Original Population) cattle in both England and Australia, had challenged the categorisation of Traditional Herefords in the UK.

He put forward that these should be regarded as a distinct breed of Hereford cattle and be classified as a separate breed.

Earlier this year the Department for Environment, Food and Rural Affairs (Defra) had categorised Hereford cattle as one of the "not at risk native cattle breeds".

The UK’s Farm Animal Genetic Resources (FAnGR) had advised Defra that all Hereford cattle could be categorised under one "whole breed".

Breeds that are categorised as ‘not at risk’ or ‘uncategorised’ are not eligible for payments under the UK's native breeds support (NBS) list.

Peter Hall had sought permission from the High Court to apply for a judicial review on Defra's decision to categorise Traditional Herefords as a sub-population.

However in her ruling on the case Clare Padley, sitting as a deputy High Court judge, refused Hall permission to bring a claim for a judicial review on "all grounds".

Hereford breed

The Hereford Cattle Society has welcomed the High Court decision.

Seth Wareing, general manager of the Hereford Cattle Society said that the decision provided clarity for its members and "supports the society's role in maintaining the integrity of the Hereford breed".

The Cattle Society, alongside Defra, and represented by agricultural litigation specialists Clarke Willmott LLP, had defended the application by Peter Hall who had sought permission to proceed with a judicial review claim.

According to 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.

"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.”