Brough v St Helens Metropolitan Borough Council [2013] All ER (D) 02 (Dec)
In October 2011, the appellant’s pit-bull type dog, under s 1 of the Dangerous Dogs Act 1991 (s 1 dog), was found attached to a railing without a muzzle. It was acting aggressively, barking and attempting to bite. It subsequently acted aggressively when a police officer came to seize it. The respondent local authority sought a destruction order under s 4(1)(a) of the Act. The justices found that, on the evidence before them, the dog remained a danger so that a destruction order was required. The owner appealed.
It was settled law that a court’s powers were limited on an appeal by way of case stated and that it could intervene only if there had been an error of law, not an error of fact. An error of law included a decision which no reasonable tribunal could reach on the evidence before it. Whether the court would reach the same decision was not material; only if the decision in law was irrational could it interfere. A court should not order destruction if it was
