Wheldon Law - Dog Law Specialists

24/02/2025

17/02/2025

Jax was seized by police as a suspected pit bull type dog. We obtained an assessment from an independent breed identification expert who also carried out a behavioural assessment. Our expert report confirmed Jax measured up as a pit bull so our client pleaded guilty. The court accepted that Jax did not pose a danger to the public and made a contingent destruction order allowing his owner to apply for a certificate of exemption. We guided the client through the process which included advising him of next steps, as well as arranging the neutering with the kennels and ensuring the police had confirmation of payment. Once Jax returned home our client sent us the following lovely message -

"Thank you again for all your help again he is amazing he is the same as when he got taken away the family is complete again I missed him so much and when I went to pick him up as soon as I see him I couldn't help myself I started crying in happiness your amazing Thank you ❤️"

20/11/2024

XL Bully Update

New legislation comes into force on 5 December 2024 that allows for a new keeper to be substituted for an exempted XL bully in the event that the original keeper/owner dies or becomes seriously ill.

Paragraph 12 of The Dangerous Dogs (Exemption Schemes)(England and Wales)(Amendment)(No.2) Order 2024 amends The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 and now brings the position for XL bullies in line with that of the other 4 types of prohibited dog for which such substitution has been possible since at least 2015. This amendment to the legislation corrects a major failing in the original XL bully legislation.

The procedure for substitution is contained within the 2015 Order and provides for an application to be made to a magistrates’ court when the original owner of the dog dies or is suffering from a serious illness which means that they are unable to be in charge of the dog.

At least 2 weeks’ notice of the application must be provided to the police force for the area in which the proposed new keeper lives at least 2 weeks before an application is made to the court and must provide the police with the following information:

• The name of the applicant;
• The address of the applicant;
• The date of birth of the applicant;
• Details of the exempted dog; and
• Details of the person to whom the certificate of exemption was issued in respect of the dog.

The application to the court must also be sent to the police and must be made no later than 6 weeks after the death of the original owner or no later than 6 weeks from the date of a letter from a medical practitioner confirming the serious illness of the person in charge. An extension of this time limit can be granted by the court if they are satisfied that there is a good reason to do so.
The court will grant the application if they are satisfied that the dog dogs not constitute a danger to public safety. In determining whether the dog constitutes a danger to public safety the court will consider:

• The temperament of the dog including its past behaviour; and
• Whether the applicant is a fit and proper person to be in charge of the dog; and
• Any other relevant circumstances.

We have experience of making applications for transfers of keepership and would be happy to advise and assist you with making such an application. Please contact us at [email protected] or call us on 01442 242999 for further information.

02/05/2024

This is Wilson, a 4-year-old American bulldog, with no history of aggression, who was seized by police in March 2023 after getting into a fight with another dog and injuring the owner of the other dog in the process. Although there was only one bite, the injury was serious which meant that Wilson was very much at risk of destruction and his owner at risk of a custodial sentence.

We are delighted to announce that, with the assistance of an excellent report from independent expert Jeff Turner, we were able to persuade the court to make a contingent destruction order against Wilson. This means that Wilson can return home subject to conditions, which include walking him on a lead and muzzle. The owner was sentenced to a community order with a requirement that he carries out 200 hours of unpaid work in the community. He was additionally ordered to pay a significant sum in compensation to the injured party.

Despite the fantastic result in court, unfortunately this case ended in tragedy. The client’s stepfather had a medical episode during the hearing and collapsed. Despite paramedics’ best efforts, they were unable to save him. He adored Wilson and missed him terribly in the year that he had been seized, but the last piece of information he received before his untimely passing, was from his wife informing him that Wilson was coming home. Our hearts go out to the family for their loss, and we again extend our deepest condolences.

We secured the permission of the family to share details of this case.

01/05/2024

We need those daily walks just as much as them 💖

01/05/2024

We have recently signed up to Trustpilot and are delighted to have over 100 reviews from our clients and a Trustpilot score of 4.8 out of 5.0. Thank you to all our lovely clients who have posted such great reviews.

26/04/2024

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