A dog is deemed to be a “chattel” in law which simply means that it is a personal possession. Sometimes disputes arise over ownership that result in proceedings before the county court. Usually the case is heard by the small claims court who will consider such things as ownership papers, in whose name the dog is registered at the vets, whether it is micro-chipped to anyone etc. The court will then make a ruling on ownership and, if appropriate, an order for the dog to be returned. The procedure in the small claims court is designed to be quite user-friendly in the hope that claimants will be able to conduct their cases without a solicitor. The ability to claim back legal costs is also limited.
Contractual Disputes
The general law of contract applies to the buying of selling of dogs and it is up to the buyer to be satisfied that the dog they are buying is a healthy dog. It is important to research your breed carefully as most breeds have certain health defects that the breed is prone to and the breeder should have had proper health checks carried out to ensure that the dogs are not suffering from any such defects. More protection is available for the buyer if the breeder sells the dog in the course of a business or if the dog is misrepresented in some way.
Importing Prohibited Dogs to the UK
We have had great success helping those who want to bring their dogs to the UK, but who fear that they may fall foul of the strict rules regarding prohibited dogs.
Planning Issues
A house has planning permission for use as a private dwelling house for people. If you keep a large number of dogs on the premises the local authority may decide that a change of use has taken place and invite you to reduce the number of dogs you have on the premises or apply for a change of use (which may or may not be granted.) As a rule of thumb any more than 6 dogs could present a problem but there is case law where larger numbers have been allowed. Much depends on the size of the dogs and the way in which they are being kept.
Dog Barking Complaint: Noise Abatement Notice
Barking is a natural thing for a dog to do but it can be a problem if your dog barks incessantly or at an unsociable time of day. If a complaint is made to the local authority you may find yourself being served with a noise abatement notice requiring you to take steps to resolve the problem. Usually the situation will be monitored (either by neighbours keeping a noise diary or by monitoring equipment being installed in a neighbour’s house) to see if it improves. If all else fails you may be prosecuted under the Environmental Protection Act 1990 which could result in a heavy fine.
Claims for Injury or Damage
You could be liable if your dog causes injury to a person or damage to property. You are particularly at risk if the incident arose as a result of negligence on your part or if your dog had behaved in a similar manner on a previous occasion. If your dog’s dangerously out of control, you will be asked to provide details of previous incidents and to provide the veterinary records for your dog. These claims can be very expensive to defend if you do not have insurance. We recommend all our clients to take out third party liability insurance.
If you are under investigation for, or have been charged with a dog law offence, please call us on 01442 242999 for free initial telephone advice or email us at enquiry@wheldonlaw.co.uk.
Case Study - Saachi
Saachi was alleged to have run at someone knocking them over and causing an injury to their knee. His owner denied the allegation and was found not guilty after trial in the magistrates’ court.
Case Study - Sky
Sky was a legal pit bull type dog, having been through the court exemption process. Her owner placed her in kennels and then went travelling and chose not to return to the UK. A volunteer at the kennels formed a bond with Sky and wanted to become her registered keeper but the court made a destruction order against her. After a successful judicial review of the case, Sky was eventually allowed to go to live with a new keeper.
Case Study - Snoop
"Snoop has been a customer of ours on two occasions. The first time he was seized because he was a pit bull type dog and the second was after he escaped from his rear garden and alarmed someone by barking at them. The prosecution sought Snoop’s destruction but we were able to persuade the court to allow him to come home subject to conditions."
Case Study - Angel
Angel was picked up as a stray by a dog warden who then handed her over to a local rescue. The rescue had concerns that she may be a dogo Argentino, which is one of the four prohibited types of dog. Two experts examined her and agreed that she was a dogo and she was seized. Despite her having a lovely temperament and an employee at the kennels wanting to be her new keeper, the police actively sought a destruction order. Fortunately we were able to persuade the court otherwise and she now lives happily ever after with a new keeper.
Case Study - Arthur
Arthur nipped a tradesman who was working at his home causing a very minor injury. Several months later police attended his home with a warrant and seized him from his distraught family. Arthur’s owner called us and we contacted the police. Arthur was returned home later the same evening. The police later agreed to deal with this case by way of a community resolution with some conditions for his future control, which means his owner was spared the ordeal of having to go to court.
Case Study - Shai
Shai nipped someone whilst he was being walked with his owner. We attended the police station with Shai’s owner and when the police heard the full circumstances in which the incident happened, they were easily persuaded to take no further action against Shai’s owner.
Case Study - Ripley
Ripley’s owner wanted to move from Florida to England but was worried that Ripley might be deemed to be a pit bull type in the UK. We arranged for one of our experts to travel to Florida to assess Ripley and he found him not to be a pit bull type. A copy of our expert report was provided to the police and thereafter we liaised with them over his arrival into the UK to ensure everything went smoothly.
Case Study - Pepita
Pepita was said to have been one of 5 dogs involved in killing an elderly lady. We adduced evidence from a bite expert that Pepita had not been involved in the attack and Pepita was spared from destruction.
Case Study - Dax
Dax’s owner had concerns about his tendancy to jump up so she sought advice from a professional dog trainer. The trainer used a shock collar on Dax and took him to a crowded park in the summer holidays. As a child approached the trainer gave Dax a shock and he bit the child. The trainer then denied any responsibility leaving our client to be prosecuted for being the owner of a dog dangerously out of control causing injury to a person. Our client pleaded not guilty and was subsequently acquitted after trial.