The Badger Trust has won the right to appeal against a High Court decision which gave the go-ahead for badger culling trials in England.
The Trust successfully questioned a decision made on 12 July by presiding judge, Mr Justice Ouseley, which found in favour of DEFRA's culling proposals.
That challenge was based on Mr Justice Ouseley's decision to allow culling under an interpretation of the Badger Act 1992 which was designed to protect badgers.
The Trust argued that, rather than protect badgers, culling would increase the spread of TB as diseased animals fled the controlled shooting zones into surrounding areas.
"The government's proposals to kill badgers in England are likely to do more harm than good."
Badger Trust spokesman Jack Reedy
Now a second judge, Lord Justice Laws, has agreed the decision does need further scrutiny in the Court of Appeal.
In a statement granting the appeal Mr Justice Laws said he considered that "Ouseley was probably right but the point is arguable and the issue important".
It means that culling plans, scheduled to begin later this summer, could face further delays as a date and court time are allotted for three more judges to look again at the case.
Badger Trust spokesman Jack Reedy said: "We are pleased that we can still challenge this proposal by the secretary of state and we will await further developments."
"The government's proposals to kill badgers in England are likely to do more harm than good," Mr Reedy added.
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