XL bully ban upheld after campaigners lose Court of Appeal challenge
Campaigners opposing the controversial ban on XL bully dogs have seen their bid rejected by the Court of Appeal, upholding the government’s decision to add the breed to the Dangerous Dogs Act.
The Don’t Ban Me, License Me group and the group’s administrator, Sophie Coulthard, took legal action against the Department for Environment, Food and Rural Affairs (Defra) after it became an offense to own an XL bully dog without an exemption certificate in England and Wales in February 2024.
The change in law meant that unregistered pets could be taken and their owners possibly fined and prosecuted.
Anyone with an exemption certificate must also comply with strict requirements, such as having their pets microchipped and neutered.
Campaigners argued the ban was unlawful, citing “unreliable” material, a lack of “appropriate” impact analysis and “vague” standards that put individuals at risk of unwitting offending.
Although Ms Justice Lang largely dismissed their objections, she found the Government had failed to comply with the public sector equality duty (PSED) during assessments in September and October 2023.
However, he later concluded that the outcome would not be “significantly different” because a proper assessment was made in May 2024.
The campaign group later appealed part of that decision but it was rejected on Friday.
In a written judgment, Lord Justice Singh, sitting with Dame Victoria Sharp and Lord Justice Warby, clarified the legal position.
He said: “The judge ruled that the Secretary of State had breached the PSED before the orders were given, but did not rule that the orders were ‘unlawful’. In fact, he argued the opposite as he refused to overturn the orders.”
“The conclusion from a legal perspective is that the orders are valid and apply for the period from February to May 2024.”
At least six in 10 fatal dog attacks in the UK in 2022 involved the XL bully.
Before the ban took effect, XLs were responsible for 45 percent of dog attacks on people and other dogs in 2023, according to Bully Watch, a group founded by a group of dog owners to monitor the breed.
American XL bullies are closely related to the pit bull terrier and have been crossed with other breeds such as English and American bulldogs.
The breed was the fifth dog breed to be banned under the Dangerous Dogs Act in the UK, along with the pit bull terrier, Japanese tosa, dogo argentino and fila brasileiro.
It is against the law to own, breed or sell dogs on Defra’s list.
