Without doubt, we are a nation of pet lovers with dogs appearing to be the first choice for many us. On the face of it, dog ownership, and the right to own a dog, would appear quite straightforward – the dog lives with you as part of your family, you take care of your dog, the dog is micro-chipped to your name and vet records indicate that the dog is yours. However, what happens when, for any reason, you need assistance in looking after your dog? For example, a prolonged hospital stay or other emergency situation can arise which means that you are unable to care for your beloved fur baby. In that situation, you may well look to friends and family to help. On the majority of occasions, this will be a straightforward matter of the dog being returned to you upon your request.
However, what happens if the friend or family member who looked after your beloved pooch refuses to give them back?
Our Janine Griffiths recently dealt with a case where this was the very unfortunate position our clients found themselves in. Mr and Mrs F had reached agreement with a family member that their pet dog (we’ll call him “Nigel” for the sake of this article), would be looked after by a family member while they dealt with some other unrelated, but urgent, family issues. All appeared to be fine until such time as Mrs F contacted that family member and requested that “Nigel” be returned home. The response she received was that they intended to keep “Nigel” for themselves and would not be returning him.
At this point, a very distraught and understandably upset Mrs F telephoned Janine at Martyn Prowel Solicitors and arranged an appointment to obtain legal advice as to how they could secure the return of “Nigel”.
As heartless as it may sound – In law, pet dogs are considered to be “chattels”. In other words, they are an “item” that is owned. Proof of ownership of a dog will vary from family to family but can include such matters as evidence of a purchase, registration with the Kennel Club, evidence that the dog in question is micro-chipped with the micro-chip registered to the family, veterinary records, insurance etc. Once ownership can be established, the failure to return a dog to the rightful owner is a breach of the Torts (Interference with Goods) Act 1977 and comprises a “wrongful retention” in respect of which compensation can be sought, as well as an Order from the Court that the dog be returned.
In the case in question, Mr and Mrs F were overwhelmingly able to prove ownership of “Nigel” and so, our Janine Griffiths wrote to the family member, explaining the law and requesting that “Nigel” be returned home.
Unfortunately, the family member refused to return “Nigel” to his home and we therefore took the steps to prepare the Court documentation in order to issue Court proceedings for an Order that “Nigel” be returned home and also for damages to be paid to Mr and Mrs F by way of compensation for the wrongful retention of “Nigel”.
Thankfully, following receipt of the draft Court proceedings, the family member returned “Nigel” to his rightful home and the matter has now been successfully concluded.
Our Janine Griffiths confirmed, “I was absolutely delighted when Mr F telephoned me to confirm that “Nigel” had been returned home. It quite literally made my day knowing that the anguish and upset caused to both Mr and Mrs F, as well as the confusion no doubt endured by “Nigel”, was over. As a dog owner myself I can very well understand the trauma and heartache that Mr and Mrs F went through during this unexpected situation and I am very relieved that we were able to successfully conclude matters so swiftly upon their behalf.”
This case, although somewhat unusual, has highlighted to us the importance of ensuring that a proper agreement is in place when seeking care and assistance for your pet from family members or friends. It is essential that it is made clear, from the outset, that the arrangement is a temporary one and that your pet is to be returned to you upon your request. Whilst it may appear a little onerous or unnecessary to prepare documentation in respect of a friend taking care of your pet for a short, while during a holiday or absence from the Country, it seems it can certainly avoid a lot of heartache to have a letter signed by both parties agreeing that the arrangement is a temporary one and that no ownership is conferred.