Your Dog — November 2017

64 Your Dog November 2017 http://www.yourdog.co.uk

DOGLAW SOS

These were just some

of the many questions

asked during the free

Doglaw CAB weekend.

“Doglaw covers a wide

range of issues,” says

Trevor. “It can be

a minefi eld, even for

some lawyers who may

not have the necessary

experience. To try to

help people navigate this

minefi eld, Doglaw has set

up Doglaw SOS, a scheme

which gives members

unlimited free telephone

advice on any of these

kind of civil cases, and,

for some criminal cases

such as Section 3 of the

Dangerous Dogs Act

1991, free representation

in court.”

If you think you could

benefi t from this, want

the peace of mind it could

provide, or want to fi nd

out more about Trevor

and his work, visit http://www.

doglawsos.co.uk

A

‘Tug-of-love’ cases are

extremely diffi cult. While

the couple may agree on the

division of all the other assets

they collated during the time

they were together, there

can sometimes be a sticking

point when it comes to who

should have the dog. Even if

there is initial agreement, this

can sometimes break down as

time passes.

Every case turns on its

own individual merits but the

starting point to tell people

is that there is no single piece

of evidence that conclusively

proves who owns a dog

— so even though we

now have compulsory

microchipping, the fact that

a dog is registered in your

name on a compliant database

doesn’t conclusively prove

that you own him, although

it is evidence that a court is

entitled to take into account.

The court is also entitled to

take into account any

other evidence,

and can attach such weight

as it deems fi t. Despite

what people think or expect,

courts have no power to

order access, so it’s generally

about who the dog should

live with or how possession

should be shared.

These disputes are

surprisingly common but

there is a lack of legal aid to

pursue or defend the claim,

and lawyers’ fees for

such cases can

be expensive.

Q

I split with my partner and she took the dog. Initially,

she let me see him every week but she’s now stopped

all access. What can I do about it?

Q

I can’t register

my puppy with

the Kennel Club. What

should I do?

A

You’re entitled to get

what you paid for. If the

breeder said the puppy would

be registered, that’s what you

should get. If there’s a breach,

you may be able to return

the dog and demand a full

refund — yet in my experience,

no one ever does this. The

alternative would be that you

could claim damages, which is

the difference between what

the dog was bought for and

what he is in fact worth.

Q

My dog was the victim of an attack by

another dog, and two days later he’s still

at the vet’s. Can I make a claim?

A

You may be able to bring a claim, but you’d have to

prove the other dog had dangerous characteristics and

these were known to the keeper (for example, if the dog had

done something similar before). Alternatively, you’d have to

prove negligence (for example, the keeper did or failed to

do something that led to the incident). These tend not to be

open-and-shut cases.

DID YOU KNOW?

Trevor was awarded the

Phyllis Mayer Argus Medal

by canine charity Dogs

Trust “in recognition of

long and distinguished

service on behalf

of dogs.”

Custody battles over

dogs can cause problems.

To make a claim, you have

to prove that a dog is

known to be aggressive.

62-64 yd legal MJ SWCC.indd 64 22/09/2017 16:25