With the recent increase in the number of dog ownership disputes that we see, our Janine Griffiths answers some of your most common questions.
What is the law in relation to who owns the dog?
Pet dogs are, in law, items of property referred to as “chattels”. Essentially, they are an item or object, in respect of which ownership belongs to a person, or group of people. Failure to return a dog to its rightful and proper owner, is a breach of the Torts (Interference with Goods) Act 1977.
How can I prove that the dog is mine?
Whilst it may be the case that you consider that the dog being in your family home, and being cared for by yourself and your family is sufficient to prove ownership, the matter can become far more complicated. If another party is claiming that they are the rightful owners of the dog then matters will need to be addressed by way of evidence as to who owns the dog.
There may be evidence of a purchase price having been paid (or a receipt from a breeder), documentation establishing that the dog was adopted by you, registration with the Kennel Club etc. You may also be able to provide documentation in respect of the microchip registration, veterinary records and insurance documentation etc. It is unlikely that somebody who is not the proper and legal owner of a dog will be able to provide all of this evidence.
What can be done if someone refuses to return our dog?
Initially when we are instructed in relation to dog ownership disputes, we would seek to resolve the situation by writing to the other party, setting out details and evidence that our client is the rightful owner of the dog, and requesting that the other party return the dog immediately.
If that course of action is not successful, then we would need to consider issuing Court proceedings against that person for the wrongful retention of the dog. If the matter proceeds to Court, we would seek an Order from the Court that the dog be returned to the rightful owner immediately. Those proceedings would also include a claim for compensation against the other party in respect of the wrongful retention of our client’s family pet.
How much does it cost to get our dog back?
As set out above, there are various scenarios which can apply to a claim of this nature. Occasionally, upon receipt of our initial letter, the other party will make contact and arrange to return the dog to the rightful owners immediately, and the whole matter can be dealt with under our initial fixed fee arrangement.
On other occasions, it takes the receipt of draft Court documentation for the other party to realise that the matter is not going to be dropped and will proceed to Court if the dog is not returned. In the worst case, and most unusual scenario, the other party simply fails to respond at all and the matter is decided by a Court.
Given the various situations which can arise as an outcome in respect of these claims, it is, of course, very difficult for us to provide an accurate assessment of the total costs which would be involved, until such time as we have had an opportunity to correspond with the other party and assess what their position or stance will be.
If Court proceedings are needed to be issued, there is a Court fee payable, although, as above, it is generally the case that the matter is resolved, and the dog returned home to you, before such Court proceedings are issued. We do offer our advice and initial assistance in relation to such matters on a fixed fee basis and will not carry out any work, or incur any fees upon your behalf, without your express instruction to do so.
Should you wish to discuss any potential dog ownership dispute with our Janine Griffiths, she can be contacted on 029 2047 0909 or by email to: [email protected].