Dawson, R (On the Application Of) v Crown Court Sitting at Preston [2024] EWCA Civ 75 (06 February 2024)

Dawson, R (On the Application Of) v Crown Court Sitting at Preston [2024] EWCA Civ 75 (06 February 2024)

The Crown Court applied the correct statutory test under section 4B of the Dangerous Dogs Act 1991, considering the dog's temperament, past behaviour, and the owner's fitness. The court was not satisfied to the civil standard that the dog would not constitute a danger to public safety, given the serious attack when unrestrained and evidence of compliance slippage. The possibility of a contingent destruction order and mitigating steps could not be considered unless the threshold test was met. There was no error of law or public law in the Crown Court's evaluative judgment, and the appeal is dismissed.

Citation
[2024] EWCA Civ 75
Parties
Claimant/appellant: Kayleigh Dawson; Defendant/respondent: Crown Court Sitting at Preston; First Interested Party: Chief Constable of Lancashire Police; Second Interested Party: Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
06 February 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Dangerous Dogs Act 1991, Destruction Orders, Judicial Review, Standard of Proof, Contingent Destruction Orders, Public Safety, Statutory Interpretation
Administrative Law Criminal Law Animal Law Dangerous Dogs Act 1991 Destruction Orders Judicial Review Standard of Proof Contingent Destruction Orders +2 more

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Parties

Kayleigh Dawson

Claimant/appellant

Crown Court Sitting at Preston

Defendant/respondent

Chief Constable of Lancashire Police

First Interested Party

Secretary of State for Environment, Food and Rural Affairs

Second Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Crown Court applied the correct legal test under section 4B of the Dangerous Dogs Act 1991 when ordering destruction of a dog
  2. 2 Whether the Crown Court failed to consider relevant circumstances, including the owner's fitness and steps taken to prevent recurrence
  3. 3 Whether the Crown Court erred in law by not giving sufficient weight to the possibility of a contingent destruction order and the mitigating steps taken by the owner

Ratio Decidendi

The Crown Court applied the correct statutory test under section 4B of the Dangerous Dogs Act 1991, considering the dog's temperament, past behaviour, and the owner's fitness. The court was not satisfied to the civil standard that the dog would not constitute a danger to public safety, given the serious attack when unrestrained and evidence of compliance slippage. The possibility of a contingent destruction order and mitigating steps could not be considered unless the threshold test was met. There was no error of law or public law in the Crown Court's evaluative judgment, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order requiring the Crown Court to state a case
  • No substitution of a contingent destruction order