The Animal Law Foundation argued that Defra’s current position on the handling of chickens by their legs is unlawful, as under the European Transport Regulation 1/2005, which still applies in the UK, the act of lifting chickens by their legs during transport and related operations is outlawed.
The practice causes pain and distress to the chickens involved, as well as injuries like fractures and dislocations.
However, the UK Government currently permits this practice in its Code of Practice for the Welfare of Laying Hens and Pullets (Laying Hen Code) and the Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Broiler Code).
The Broiler Codes currently states: “Birds must be caught with care and should be lifted directly into the transport module. Catching should either be by holding them round the body or, if by the legs, by both legs. If birds need to be carried, this should either be by holding them round the body or by both legs.”
In opposition to the current code of practice, the Animal Law Foundation sought permission to launch a legal challenge on the basis that the practice is actually unlawful. Meanwhile, the government has taken steps to change the law to allow for the practice and has issued a Statutory Instrument giving Parliament 21 days to object, after which the law would come into force on 22 July 2025.
Despite this move by the government, the High Court provided the Animal Law Foundation permission to launch a judicial review and granted an order that allows the foundation to amend its grounds for judicial review in order to challenge the government’s consultation and approach to changing the law.
“The law is clear, handling chickens by the legs is not allowed; however, DEFRA’s Codes of Practice for Laying Hens and Broiler Chickens do not reflect this and instead allow for handling by their legs,” commented Edie Bowles, solicitor and founder of the Animal Law Foundation.
“These codes serve as operational practices – directing how keepers apply animal welfare standards and adhere to the law – it is imperative that they accurately reflect the law to safeguard animals.
“Furthermore, whilst the government may wish to change this inconvenient animal protection, it must ensure it follows a fair and lawful process, something which appears not to have happened here.”
In response, a Defra spokesperson said: “All farm animals are protected by comprehensive and robust animal health and welfare legislation, and we’re committed to upholding the highest animal welfare standards. We cannot comment on ongoing legal proceedings.”
