The Animal Law Foundation will now go to a full hearing where it will argue that the consultation exercise that paved the way for the change in law was unfair.
The animal welfare body will argue that the government made it clear throughout the process that its plan was to change the law to allow for the handling by the legs, and that the consultation did not allow intelligent consideration on issues such as the welfare detriment to chickens.
Under the European Transport Regulation 1/2005 which previously applied in the UK, it was forbidden to lift chickens by their legs during transport and related operations.
Despite this clear provision, the government has permitted 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).
“Birds must be caught with care and should be lifted directly into the transport module," the Broiler Code states.
“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. No catcher should carry by the legs more than three chickens (or two adult breeding birds) in each hand.”
In response to a challenge from The Animal Law Foundation, the government changed the law to allow for the practice via a Statutory Instrument, which came into force on 22 July 2025.
In the consultation, Defra admitted there is strong evidence that catching chickens upright is better for their welfare, but cited concerns that a transition to upright catching may be unfeasible in commercial settings.
Handling chickens by the legs causes significant pain, distress and injuries like fractures and dislocations.
Commenting on the High Court decision, advocacy and communications officer at The Animal Law Foundation, Morgane Speeckaert, said: “This welfare law was in place for the protection of chickens and if the government was able to so clearly ignore it, or even worse, dilute it, it sets an unsettling precedent.
“The government quietly weakened the few rules that exist to protect chickens rather than tackle the enforcement problem. When the UK left the European Union, the public was promised higher animal welfare standards as a benefit – now the opposite is happening. We are delighted that the judge agrees with us and has granted us permission to proceed.”
