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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70208
Experience:  Over 5 years in practice
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My neighbors cat came into my secure garden and

Resolved Question:

My neighbors cat came into my secure garden and unfortunately my dog grabbed it and it died, he's threatening to have her removed by the police and destroyed, Ive offered to help pay for cremation and said I'd muzzle dog if it was out. What's my responsibility,
what am I liable for
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
The police cannot remove your dog.
The Dangerous Dogs Act 1991 doesn't apply here because this is not aggression towards a person.
They could still rely on the Dogs Act 1871 but that doesn't give rise to rights of seizure and actually there is case law to the effect that it is in the nature of dogs to chase small fury animals so it might fail.
Under the Animals Act 1971 there is a claim for vet's bills maybe but then you could defend on the basis that she should have kept her cat away from your garden.
I wouldn't worry about this. Nothing will happen.
Can I clarify anything for you?
Customer: replied 1 year ago.
Can I forced to muzzle her in her own garden?
Expert:  Jo C. replied 1 year ago.
You could in principle but not on these facts.
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