Ownership Disputes
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.
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 investigated for, or charged with an offence of dog law, please call us on 01442 242999 for free initial telephone advice.
Case study – Ella
Ella caused quite a serious injury to a young child but no-one saw what happened. By adducing expert evidence the court were persuaded that the injury had been caused accidentally and not as the result of a deliberate dog attack. Ella is now subject to conditions that she is kept on a lead and muzzle whenever she is in a public place.
Case study – Ziin
Ziin escaped from her owners and bit a passer by once in the leg causing quite a serious injury. The court made a contingent destruction order allowing her to come home but then further proceedings were brought alleging that Ziin’s owner had breached the order. We successfully argued that the proceedings were invalid.
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.
I know that you are all just doing your job, however you have given me great support through this difficult time and it’s great to feel that you’re in my corner
We were both completely happy and satisfied with the outcome. We cannot have hoped for a better outcome despite the circumstances and the potential outcome. We cannot thank Ciaran and Wheldon Law enough.
Excellent, professional service throughout. Would use Wheldon Law solicitors in the future if required. Would also recommend to family and friends.
I cannot thank you enough. You have all been amazing. Brilliant service.
I would definitely advise others of the excellent service that I received and would recommend your law firm – thank you.
Hopefully I will not need the services of a solicitor again but if I do I would not hesitate to contact your company.
I’ve never needed a solicitor before so was unsure as to what to expect. Tina put me as much at ease as possible and was very friendly and honest with what she told me. Thank you so much!
I found the advice and service provided very friendly and comforting at a time of extreme distress and all matters were dealt with very discreetly and professionally.
Gareth did a great job.
Very happy with the result and I know this is down to Wheldon Law, thus very happy with the service. Thank you.