High Court legal battles begins over the way animals are managed on Dartmoor
The case is being brought by campaign group Wild Justice
Last updated 15th Jul 2025
A two-day High Court legal challenge begins later over the way the Dartmoor Commoners’ Council manages grazing and livestock numbers.
The Dartmoor Commoners' Council was established Under the Dartmoor Commons Act (1985) 'to represent the commoners, make regulations about most matters, which concern the management of the commons and the welfare of the stock de-pastured on the commons, and to enforce the Dartmoor Commoners' Council Regulations'.
In a hearing taking place on 15 and 16 July, campaign group Wild Justice will argue that Dartmoor Commoners’ Council (DCC) has failed to meet its responsibilities.
The commons is an open area of land in Dartmoor National Park over which a group of around 850 landowners, known as ‘commoners’, have certain rights, which include grazing rights and the rights to keep sheep, cattle and ponies.
These rights are granted under the Dartmoor Commons Act 1985 (DCA), which also details statutory responsibilities DCC has towards the conservation of the commons.
Wild Justice says that DCC has failed to meet these responsibilities, as well as neglecting its general duties under wildlife laws and regulations.
In 2023, an independent review of Dartmoor published by the government, known as the Fursdon Review, concluded that it was “not in a good state”.
Leigh Day environmental solicitor, Carol Day, who represents Wild Justice, said: “Evidence from Natural England confirms that inappropriate grazing levels are adversely impacting the condition of protected areas in Dartmoor.
"The Fursdon Review is not a substitute for DCC exercising the specific powers it enjoys under the Dartmoor Commons Act to maintain the commons by controlling livestock levels.”
Ms Day added: "The assessment surveyed a number of Sites of Special Scientific Interest (SSSI) on the Dartmoor commons and found that much of the land it surveyed was in an unfavourable condition. The assessment also noted that reducing grazing stock numbers had been identified by Natural England as a way to bring some of these areas back into favourable condition.
"Wild Justice argues that the unfavourable condition of much of Dartmoor shows Dartmoor Commoners Council has failed to manage the commons properly, and that this is in breach of the requirements of the Dartmoor Commons Act. The DCA includes a responsibility to manage grazing, with DCC having a specific power to issue notices to cut back on livestock for this purpose.
"In July 2024, Wild Justice sent DCC a pre-action protocol letter detailing alleged issues with its management of the commons and requesting that it issue notices to control the numbers of livestock.
"DCC responded but appeared not to take any steps to control livestock numbers, and in August Wild Justice filed a judicial review challenge.
"In February 2025, a judge granted permission for the claim to go ahead on six grounds, with a further two grounds given permission in April."
Chris Packham, Co-Director of Wild Justice said: “Sheep, subsidised by the public, are doing significant damage to lands which should be maintained in the public interest as rich repositories of biodiversity. We are paying many farmers and commoners to damage our own interests. And the sums run into millions of pounds each year."
Bob Elliot CEO Wild Justice, said: “Overgrazing is wrecking some of England’s most precious habitats. These commons are meant to be protected for wildlife, climate, and future generations, not stripped bare by inaction.”
Dr Ruth Tingay, Co-Director of Wild Justice said: “The over-grazing issue on Dartmoor has led to a modern day ‘tragedy of the commons’, although it seems that not everyone is losing out in this case."
A spokesperson for the Dartmoor Commoners' Council said: "The Council recognises that Dartmoor is a complex and sensitive landscape – a living, working environment shaped over many hundreds of years by pastoral management. Dartmoor consists of a mosaic of critically important and interdependent habitats, and these areas continue to require ongoing, informed and specialist management in partnership with those people – including commoners and other farmers – who live and work on the moor. The Council also recognises that maintaining a positive natural environment on Dartmoor is of vital importance both for its own sake and in order to ensure the sustainability of farming on Dartmoor's common land for future generations. For these reasons, the Council has and is continuing to work in close collaboration with Natural England, Local Commoners’ Associations, the Land Use Management Group (which was recently established by DEFRA in response to the Independent Review of Protected Site Management on Dartmoor) and other stakeholders with the aim of ensuring that appropriate and effective livestock husbandry and habitat management practices are delivered across Dartmoor.
"The Council is currently defending judicial review proceedings commenced by Wild Justice, a wildlife campaigning organisation. Wild Justice has sought to argue that the Council has breached various statutory duties by failing to issue limitation notices to reduce livestock numbers on Dartmoor. The Council denies that it has breached those duties, either as alleged or at all, and has defended the proceedings accordingly. The final hearing of this matter is due to take place on 15 and 16 July 2025, with judgment expected to be reserved by the Court to a later date.
"Given that the Court proceedings are still ongoing, it would be inappropriate to comment further at this time. If it is considered appropriate, a further statement will be issued once we have received the Court's judgment in due course."
The grounds of the claim are:
• Dartmoor Commoners Council breached section 5 of the Dartmoor Commons Act 1985 in failing to make regulations to ensure that the commons are not overstocked.
• DCC breached section 4 of the DCA in failing to carry out assessments on the number of animals grazing on the commons.
• DCC breached section 4 of the DCA in failing to have regard to the conservation and enhancement of the natural beauty of Dartmoor.
• DCC breached section 28G of the Wildlife and Countryside Act in that it failed to consider its duty to the conservation and enhancement of flora and fauna features in sites of special scientific interest.
• DCC breached regulation 9(3) of the Habitats Regulations, which require it to have regard to the EU Birds and Habitats Directives when operating.
• DCC operated outside of its duty under the DCA and/or with an improper purpose, in that it failed to have consideration for the statutory duties placed on it to protect the commons landscape.
• There was bias/predetermination in a decision which DDC took in an attempt to head off the legal challenge.
• DCC’s decision not to implement measures to reduce livestock was an unlawful abdication of its statutory duty.
The hearing will be held at the Royal Courts of Justice in London and judgment is expected to be reserved until a later date.