Give 'TB' bull second chance, judge orders

The judge ordered a postponement of Defra's threat of execution at least until after a review in court of the bull owner's argument that Boxster was unfairly condemned, on the basis of a blood test which was not properly performed and gave only a marginal indication that he was a TB carrier.

In view of the objections to the way Defra had handled the case, the judge said, he had "indicated" that the best way forward would be for its vets to re-run the test – especially as farmer Ken Jackson, of Stubbs Walden, north of Doncaster, had offered to pay for it.

Defra has always resisted farmers' requests for second tests because its TB containment policy relies on acting to be on the safe side in any cases of doubt.

But in this case, it picked on one of the most valuable British Blonde bulls in the country and failed to convince Mr Jackson that its verdict was beyond question. Now it is faced with backing down from its insistence on no second chances or risking a test-case verdict which will weaken its position in future.

The Welsh Assembly won the last full-scale legal challenge to the same controversial policy – which costs the taxpayer 100m a year in compensation alone – after an epic battle in 2007 with Hindu monks trying to save a black Friesian bull called Shambo, which had a sacred role at their temple near Llanpumsaint, Carmarthenshire. The Hindus disputed the reliability of the test and questioned the proportionality of the Defra policy. They got a ruling in their favour in the Administrative Court of the High Court – the same division to which Mr Jackson has applied – but it was overturned on appeal.

The Yorkshire challenge is based on more specific criticism of the mechanics of Defra's laboratory procedure. But if it goes to court, it will almost certainly lead to a re-examination of the Welsh government's claim, in the Shambo case, that the Defra tests were 99.9 per cent accurate.

The argument over Hallmark Boxster has been going on since March – shortly after Mr Jackson took a heifer from his beef herd to Carlisle and brought it back unsold. It tested positive for TB in a routine check and Mr Jackson accepted an order to destroy it and several other animals which had been in contact with it and failed a subsequent blood test.

But the tests are not foolproof. And Hallmark Boxster was a special case. Assisted by his daughter, Kate McNeil, who has done a lot of the care and showing of the bull, Mr Jackson and NFU lawyers established that a problem with the blood samples meant Defra's veterinary division, Animal Health, had not followed its usual procedures exactly.

Defra said its compromises in the laboratory had made no material difference. The NFU eventually gave up the fight and Defra gave notice it would seize the bull on Thursday this week. But Mr Jackson hired the lawyers to carry on fighting, at his own expense.

On Tuesday night, they successfully applied for an injunction restraining Defra, in a meeting with Mr Justice Collins in chambers at the High Court in London.

A spokesman for Jacksons Law Firm, of Stockton-on-Tees, said: "We expect to get a date for judicial review by the end of next week. But the judge said he had given an indication to Defra that he feels the sensible course, to meet everybody's concerns, is that they agree to retest, particularly as the Jacksons have offered to pay.

"However, the suggestion does not form part of the order itself and Defra are not compelled to agree to carry out a retest at this stage."

Mr Jackson said: "What happens next is up to Defra."