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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70513
Experience:  Over 5 years in practice
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our cat has been killed in our garden by the next door neighbours

Resolved Question:

our cat has been killed in our garden by the next door neighbours dog, it came through a broken fence panel which is ours to maintain they seem to think they have no responsibility at all. Is there any action we can take
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What are you hoping to achieve?
Customer: replied 3 years ago.

I would like them to fully understand what there responsibilities are and am I expected to build a dog proof fence

Expert:  Jo C. replied 3 years ago.
How do you know it happened in your garden?

Did you witness it?
Customer: replied 3 years ago.
Relist: Answer quality.
I haven't had any answer
Expert:  Jo C. replied 3 years ago.
I need the information I asked for.
Customer: replied 3 years ago.

my wife witnessed it she had to try to fight the dog off with a piece of wood while the neighbour stood by watching offering no help

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm afraid this is not a criminal offence. The Dangerous Dogs Act 1991 is quite clear. The injury or reasonable apprehension of injury has to be to a person.

This danger was to another animal.

You could complain under the Dogs Act 1871 either to the police or to the Magistrates Court. That is only a civil complaint. It has no penal consequences at all. The goal usually is to get a Control Order. The advantage of the Dogs Act though is that it covers other animals and private land.

You could also sue under the Animals Act 1971 but its not a good idea. You would only get the actual value of the cat which, if this is a moggy cat, is going to be substantially less than it was worth to you. Our animals have a value to us that vastly exceed their legal value. Vets bills would probably be recoverable if you have incurred any.

Can I clarify anything for you?

Jo
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