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13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
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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

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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