Farmers lose court battle over cull

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The Somerset-based Higher Burrow Organic Farming Partnership, which operates near Martock, asked a judge to order re-tests after contradictory results emerged from the simultaneous use of skin and blood tests by the Department for Environment, Food and Rural Affairs (Defra).

The court was told that TB was wreaking havoc in the organic dairy herds of the UK, and the challenge was being seen as a test case.

Initially over 430 animals on Higher Burrow farm at Kingsbury Episcopi, were tested. Of those 14 tested positive through the skin tests - but as many as 86 were positive in the blood tests, while eight results were indeterminate.

Hugh Mercer QC, for High Burrow, said the two sets of tests showed "a massive disparity" and argued that slaughter without re-testing would be "unlawful, irrational and disproportionate".

But Mr Justice Mitting, sitting at London's High Court, ruled Defra's current policy on TB testing lawful and rejected the application for judicial review.

Referring to the fact that some 94 cattle now face slaughter, the judge said: "The policy is lawful. The outcome - unhappy and potentially disastrous though it may be - flows from it."

Farm boss Chris Aplin said after the ruling that he would consider seeking permission to take the case to the court of appeal, even though he was refused permission by Mr Justice Mitting. Applicants can directly ask the appeal judges to consider their arguments.

Mr Aplin said: "I think it is totally unreasonable that re-testing should not be considered in these exceptional circumstances. This decision will cost us hundreds of thousands of pounds."

The costs include a £29,000 contribution to Defra's legal costs.