Dangerous Dogs in UK Law

Leading Cases
  • R v Bezzina ; R v Codling ; R v Elvin
    • Court of Appeal (Criminal Division)
    • 02 Diciembre 1993

    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.

  • R v Flack (Michael James)
    • Court of Appeal (Criminal Division)
    • 25 Enero 2008

    (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”).

    (4) A suspended order of destruction under that provision may specify the measures to be taken by the owner for keeping the dog under control whether by muzzling, keeping it on a lead, or excluding it from a specified place or otherwise: see section 4(a)(5) of the 1991 Act.

    (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.

  • Gill Henderson v Commissioner of Police for the Metropolis
    • Queen's Bench Division (Administrative Court)
    • 28 Marzo 2018

    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).

  • Curtis v Betts
    • Court of Appeal (Civil Division)
    • 23 Noviembre 1989

    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.

  • Karen Rafiq v Inspector Alan Folkes
    • Queen's Bench Division (Administrative Court)
    • 22 Abril 1997

    I have some difficulty with Kennedy LJ's proposition in Bezzina, at page 969(a), that if there is injury there must have been immediately before it grounds for reasonable apprehension of it. The act of a dog causing injury, a bite or otherwise, is itself capable of being conduct giving grounds for reasonable apprehension of injury.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • BBC Journalist Loses Appeal Against Her Tribunal Claim Being Struck Out
    • Mondaq UK
    ...... 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 ......
  • Strike-Out For Claimant Who Spoke To A Journalist Whilst Under Oath
    • JD Supra United Kingdom
    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 ......
  • Why The FAPL TV Rights Decline Was Natural And Inevitable
    • Mondaq UK
    ...... 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 ......
  • Refresh Of The Countryside Code
    • Mondaq UK
    ...... Control your pet: always keep dogs on a lead around livestock. Picking up after your dog is not enough: put ... Farmers are encouraged to keep animals that are known to be dangerous and/or calving or lambing away from fields containing core paths or well ......
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