Campaigners given green light to bring High Court challenge against ... trends now
Campaigners have been given the green light to bring a High Court challenge against the Government's decision to ban XL bully dogs, after the judge ruled they had an 'arguable' case.
XL bully owner Sophie Coulthard and campaign group Don't Ban Me, Licence Me are taking legal action against the Department for Environment and Rural Affairs (Defra) over the large bulldog-type American breed being added to a banned list under Dangerous Dog Act in October last year.
Since February, it has been a criminal offence to own an XL bully dog in England and Wales without an exemption certificate, meaning unregistered pets will be taken and owners possibly fined and prosecuted.
The Government move to ban XL bullies followed a series of attacks, some fatal, on people.
(left to right) Solicitor Rebecca Strong, Sophie Coulthard and Rose Downey, Head of research at campaign group Don't Ban Me License Me, outside the Royal Courts of Justice in London, after campaigners were given the green light to bring a High Court challenge against the Government's decision to ban XL bully dogs
Sophie Coulthard outside the Royal Courts of Justice in London. Since February, it has been a criminal offence to own an XL bully dog in England and Wales without an exemption certificate
But campaigners argue that the ban is unlawful and irrational, claiming it was based on 'unreliable' material, lacked a 'proper' analysis over its impact and includes 'vague' standards that risked people unknowingly committing a criminal offence.
Government lawyers say the legal challenge should be dismissed and that campaigners' arguments are 'meritless'.
At a hearing in London on Wednesday, judge Mrs Justice Dias said campaigners had an 'arguable' case in certain areas, granting permission for the challenge to proceed to a trial at a later date.
This comes after it was revealed by the MailOnline that councils across England have spent thousands of pounds of taxpayers' money on destroying XL Bully dogs.
Liverpool council is the top spender, with a cost of more than £7,000 to euthanise just 16 stray XL Bully dogs in what a spokesperson called an 'unprecedented level of activity' under the new laws.
The next council to splash the most cash on destroying the banned breed is Birmingham, which euthanised 45 of 67 dogs found - costing over £6,000.
Cathryn McGahey KC, representing campaigners, said the ban came from a 'hasty' announcement by Prime Minister Rishi Sunak in September last year, the day after a fatal dog attack, which led to legal errors.
In written arguments, the barrister said Defra has 'no material on which to base a rational decision that dogs involved in recent attacks were disproportionately of XL bully type'.
She said the Government estimated there
