A renewed attempt by the Countryside Alliance to overturn Parliaments ban on hunting with dogs failed in the Court of Appeal today.
The judges also refused to grant an injunction which would have delayed the Act from being implemented. The Government had indicated, through the Attorney General, that it supported the injunction - which it hoped would spare it the embarrassment of violent pro-hunting protests in the prelude to the general election.
But Lord Woolf said of the Attorney General: "We don't think it is right he should seek to hide behind the courts in this matter."
It now seems inevitable that the Hunting Act, which outlaws fox-hunting, deer-hunting and hare-coursing with dogs, will come into force on Friday. Clashes with the police look likely, as supporters of hunting say they are organising mass disobedience of the ban on Saturday, with hunts across the country.
The appeal judges described the challenge to the Act as "unusual, and in modern times probably unprecedented".
"In this respect, this case is no ordinary public law case and the judgment deals with an issue of considerable constitutional importance," they said in their ruling.
Sir Sydney Kentridge QC, for three hunt supporters funded by the Alliance, argued at a hearing on February 8 that Parliament had never correctly voted for the 1949 Act which was therefore unlawful.
Any legislation introduced by invoking the Act was equally unlawful, Sir Sydney told Lord Woolf, sitting with the Master of the Rolls, Lord Phillips, and Lord Justice May.
But the judges dismissed the Alliances appeal against a High Court ruling on January 28 in which Lord Justice Maurice Kay and Mr Justice Collins said it was clear that the 1949 Act was valid and the proposed hunting ban lawful.
The appeal judges ruled that MPs did have the power to amend the 1911 Act, the 1949 Act was therefore valid and dismissed the appeal. They also refused the Alliance permission to appeal to the House of Lords.
Sir Sydney said an urgent application for permission would be made direct to the Law Lords.
In the meantime, the Attorney General, Lord Goldsmith QC, did not object to an injunction "staying" any prosecutions. But the judges refused the injunction application.
Lord Woolf said of the Attorney General: "We dont think it is right he should seek to hide behind the courts in this matter."
The British  has lost its legal bid to keep hunting with hounds after the High Court rejected their appeal, which had been made on the grounds that the  1949 was invalid. The High Court rejected this, ruling that the 1949 Act was valid. This means hunting with dogs for foxes, hares and badgers will be illegal from Friday 18 February in England and Wales in accordance with the .

The Countryside Alliance has said it is challenging the decision in the  (the highest court in English Law) and the .

The  has said the arguments were “wafer thin”. 

However the CA as said that the police would have difficulty in policing the law. The  has said it is setting up a “crimewatch service” to police the ban.