Legal battle wins last-minute reprieve for champion bull

Boxster, a British Blonde bred by Ken Jackson of Forlorn Hope Farm, at Stubbs Walden, near Doncaster, won every competition he entered in 2009 but has been in quarantine since March last year when TB was discovered in cattle on the farm.

The bull was among the animals which failed Defra tests and was ordered to be slaughtered.

But because he was a borderline case and in view of his significant value, Mr Jackson asked for a re-test, which has been refused by vets.

Defra views the case as an important test of its authority to use compulsory slaughter for TB control.

Mr Jackson and his family claim there are doubts over the accuracy of Defra tests and the one on Boxster in particular.

A High Court judge put the order against Boxster on hold while an application for judicial review was considered. But the written application was rejected and Defra said it would be coming for Boxster today.

Yesterday, however, Mr Justice Calvert Smith issued a new injunction, to give the Jacksons' lawyers time to try again. The case is listed for next Wednesday when they will argue for permission for a full hearing.

Daniel Stilitz QC, appearing for the farmer, said yesterday it was an unusual case and it was not being suggested that re-tests should become routine in bovine TB cases.

But he said: "Rushing headlong into slaughter undermines the (testing) regime rather than giving it credibility."

Julie Anderson, for Defra, said it was EU law that once an animal had tested positive, it must be slaughtered and could not be saved by a re-test.

"There is a disease risk," she added. "That risk is being contained but no one is suggesting it is eliminated."