Legal Services
The Standard Poodle Club has retained the services of a Solicitor, Peter Rolph of Steele Raymond. Part of our agreement is that any Member of the Club may now use him and will not have to pay a retention fee for this (Although normal fees will apply!)
Dog Law Services
1. PEDIGREE
Peter Rolph, Commercial Litigation Partner, is generally recognised as the leading solicitor in the country regarding the Civil Law relating to dogs and has extensive experience of prosecutions under the Dangerous Dogs Act 1991.
Peter has been active in the world of dogs, both breeding and showing dogs, for over 30 years. A Vice President of the Bournemouth Canine Association and former Chairman of the Bull Terrier Club, Peter has provided extensive legal advice on a full range of issues relating to dogs, including veterinary negligence and Kennel Club disciplinary hearings. Receiving regular referrals from the Kennel Club and Law Society, Peter has experience of RSPCA prosecutions and other general animal law. A contributor to “Dog World”, Peter is in demand for seminars and lectures on all legal topics concerning the law relating to dogs and has appeared on BBC TV “Crufts” coverage advising on legal issues.
2. DANGEROUS DOGS
2.1 Dogs Act 1871
2.2 Dangerous Dogs Act 1991 Section 1
2.3 Dangerous Dogs Act 1991 Section 3
2.4 Protection of Animals Act 1911
2.1 Dogs Act 1871
A civil complaint usually issued by the police or local authority in the Magistrates’ Court. If a dog is proven to be dangerous and not kept under proper control, the Court can order the owner to keep the dog under proper control or be destroyed. A Control Order can include specific conditions. A particular feature of this complaint is that it is not limited to public places and can cover, for example, an incident which might take place in a private garden. We have extensive experience in successfully defending dogs whose conduct has brought a complaint under this Act.
2.2 Dangerous Dogs Act 1991 Section 1
A criminal charge brought by the police/Crown Prosecution Service. It deals with the ownership and regulation of dogs of the type known as pit bull terrier and other specified breeds and the limitation placed on such dogs in a public place. What constitutes a dog of the type known as pit bull terrier has provoked many contested prosecutions. Conviction can include imprisonment, fining and seizure and a destruction order of the animal.
2.3 Dangerous Dogs Act 1991 – Section 3
A criminal charge brought by the police/Crown Prosecution Service creating a criminal offence for the owner or person in charge of any dog who is proven to be dangerously out of control in a public place. The Act gives a detailed definition of what constitutes a public place. If while dangerously out of control a dog injures a person, a more serious aggravated offence is committed. Dangerously out of control is also given a statutory definition under Section 10 (3) Dangerous Dogs Act 1991. The Penalties can be imprisonment and fine for the owner/person in charge of the dog, and a Control Order with or without conditions, or a Destruction Order can be imposed. Additionally, under Section 4(6) Dangerous Dogs Act 1991, upon conviction a court can order a defendant to be disqualified from having custody of a dog for such period as it thinks fit. A set of wide-ranging powers through the Criminal Court is often seen as a more serious route than Section 2 Dogs Act 1871. We are experienced in defending prosecutions brought by the police under Section 3 Dangerous Dogs Act 1991.
2.4 Protection of Animals Act 1911
A criminal prosecution brought against a person who commits one of the offences set out in Section 1 of the Protection of Animals Act 1911 including causing any unnecessary suffering or permitting any unnecessary suffering to be caused to any animal. These prosecutions are often brought by the RSPCA. We are experienced in defending prosecutions brought under the Protection of Animals Act 1991 and negotiation with the RSPCA concerning alternatives to prosecution.
3. CIVIL CLAIMS
3.1 Veterinary Negligence?
Veterinary surgeons must provide veterinary services to the appropriate professional standard of care and we are experienced in dealing with civil claims when they do not. Issues of liability of vets for defective treatment, causation between negligence acts and loss and the quantification of damages in animal claims needs careful and experienced handling. We have extensive of pursuing such claims both through negotiation with the Veterinary Defence Society and pursing County Court claims against negligent veterinary surgeons.
3.2 Breeding and Puppy Sale Disputes
Most puppy sales still rely on trust and goodwill between the parties. These agreements are traditionally verbal. Issues of hereditary and congenital faults in puppies, disputes regarding breeding terms and the vetting of Kennel Club endorsements, showing and stud rights have all been resolved with our help. We can provide formal written puppy sale agreements and breeding and stud agreements to suit any eventuality. We can also pursue through the County Court disputes regarding the sale and purchase of dogs and all aspects of the breeding of animals.
3.3 Third Party Claims
We are experienced in civil claims in respect of injuries caused by dogs or damage by dogs either under the Animals Act 1971 or negligence. We are experienced in dealing with the defence of claims brought arising out of damage caused by dogs and other animals.
3.4 Kennel Club Proceedings
We are experienced in Kennel Club Disciplinary Sub-Committee proceedings in representing both complainants and respondents. We are experienced in all aspects of Kennel Club regulations including the endorsement system and the rules relating to registered societies. We have advised many registered societies on constitutional matters, including committee actions and the conduct and house of the annual general meeting.
4. DOG NUISANCE
4.1 Planning Enforcement
We are experienced in dealing with local or planning authorities regarding pressure to apply for change of use to part commercial use as a result of the number of dogs kept, including enforcement proceedings and negotiating on your behalf with local authorities.
4.2 Noise Nuisance
We are experienced in all aspects of noise abatement relating to dogs, barking, including appeals to Magistrates’ Court, Crown Court and Divisional Court relating to dog noise claims.
5. COMMERCIAL KENNELS
5.1 Boarding and Quarantine
We are experienced in all aspects of legislation surrounding the licensing and running of boarding kennels and quarantine establishments, including Animal Boarding Establishments Act 1965. We have advised clients on whether premises need statutory licensing and the granting, renewing and re-location of such licences. We have advised on all aspects of Health and Safety legislation in connection with commercial boarding kennels and full range of employment law issues arising out of the employment of kennel staff. We have acted on a number of partnership disputes arising out of the running of licensed boarding kennels.
For legal advice on all aspects of the law relating to dogs, please contact Peter Rolph, Commercial Litigation Partner at our Bournemouth Office or email:peterrolph@steeleraymond.co.uk
Richmond Point, 43 Richmond Hill, Bournemouth, Dorset, BH2 6LR
Tel: 01202 294566 Fax: 01202 552285
31 West Street, Wimborne, Dorset, BH21 1JT
Tel: 01202 885211 Fax: 01202 887746
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