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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70819
Experience:  Over 5 years in practice
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our cat has been killed in our garden by the next door neighbours

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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
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

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
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

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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