header-logo header-logo

13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
printer mail-detail

Dangerous dogs

Brough v St Helens Metropolitan Borough Council [2013] All ER (D) 02 (Dec)

In October 2011, the appellant’s pit-bull type dog, under s 1 of the Dangerous Dogs Act 1991 (s 1 dog), was found attached to a railing without a muzzle. It was acting aggressively, barking and attempting to bite. It subsequently acted aggressively when a police officer came to seize it. The respondent local authority sought a destruction order under s 4(1)(a) of the Act. The justices found that, on the evidence before them, the dog remained a danger so that a destruction order was required. The owner appealed. 

It was settled law that a court’s powers were limited on an appeal by way of case stated and that it could intervene only if there had been an error of law, not an error of fact. An error of law included a decision which no reasonable tribunal could reach on the evidence before it. Whether the court would reach the same decision was not material; only if the decision in law was irrational could it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll