Dangerous Dogs in UK Law
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R v Bezzina ; R v Codling ; R v Elvin
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In other words, when one encounters the words in Section 3 (1) —"dangerously out of control" —one applies the meaning which is set out in Section 10 (3) and that means, in effect, that if a dog is in a public place, if the person who was accused is shown to be the owner of the dog, if the dog is dangerously out of control in the sense that the dog is shown to be acting in a way that gives grounds for reasonable apprehension that it would injure anyone, liability follows.
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R v Flack (Michael James)
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(3) The court should ordinarily consider, before ordering immediate destruction, whether to exercise the power under section 4a(4) of the 1991 Act to order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed (“a suspended order of destruction”).
(5) A court should not order destruction if satisfied that the imposition of such a condition would mean the dog would not constitute a danger to public safety.
(6) In deciding what order to make, the court must consider all the relevant circumstances which include the dog's history of aggressive behaviour and the owner's history of controlling the dog concerned in order to determine what order should be made.
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Gill Henderson v Commissioner of Police for the Metropolis
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Where such a dog has been seized, then the court must make a destruction order unless it is satisfied that the dog would not constitute a danger to public safety – see s.4B(2)(a). In these circumstances, s.4B(2A) requires the court to consider particular matters in deciding whether a dog would constitute a danger to public safety. The matters which the court must consider are set out at s.4B(2A)(a). In addition, the court may consider any other relevant circumstances – see s.4B(2A)(b).
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Curtis v Betts
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The mere fact that a particular animal shared its potentially dangerous characteristics with other animals of the same species will not preclude the satisfaction of requirement (b) if on the particular facts the likelihood of damage was attributable to characteristics normally found in animals of the same species at times or in circumstances corresponding with those in which the damage actually occurred.
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R v Mose Baballa
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As we have observed, Flack was concerned with section 3(1) of the 1991 Act. Nevertheless, we consider that the same principles are applicable to a case which falls within section 1(3) of the 1991 Act.
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‘Dangerous Dogs’
Legislation governing the regulation of dangerous dogs is notoriously fraught with difficulties, in particular concerning the definitions incorporated within, and the enforcement and application of...
- Dangerous Dogs, Postal Workers and the “Householder” Defence
- Dangerous Dogs, Postal Workers and the “Householder” Defence
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The Parliamentary Standards Act 2009: A Constitutional Dangerous Dogs Measure?
The scandal which broke over MPs' abuses of the allowances system during the course of the last parliamentary session shows little sign of abating. As a result of an audit undertaken by Sir Thomas ...
- Dangerous Dogs
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BBC Journalist Loses Appeal Against Her Tribunal Claim Being Struck Out
... ... counsel was told by a witness that they had heard reference to "dangerous dogs". When the BBC's counsel approached Ms Chidzoy and the journalist ... ...
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Strike-Out For Claimant Who Spoke To A Journalist Whilst Under Oath
Under the Employment Tribunal Rules of Procedure, a tribunal has the power to strike out a claim or response at any stage either on its own initiative, or following an application from another part...... ... included a dispute over possible coverage of a story about the Dangerous Dogs Act, in the context of which a colleague had referred to Ms Chidzoy ... ...
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Why The FAPL TV Rights Decline Was Natural And Inevitable
... ... come to pass and though speculation as to why the giant digital dog dogs didn't bark is always dangerous, there are actually some pretty obvious ... ...
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Request for personal service by a court bailiff (applications issued before April 2022)
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... co-respondent or other occupiers of the property? ... 5. Are any dogs or other potentially dangerous animals kept at the property? ... 6. Is the ... ...
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Tell a bailiff about risks of seizing someone's property
Forms relating to civil matters including judgments.... ... the property? ... 6. Are any dogs or other potentially dangerous animals kept at the property? ... 7. Is the ... ...