Westwater Advocates’ David Anderson has helped an orphaned dog avoid the vet’s needle.
The animal, known as “Rocco” had been seized by police under the Dangerous Dogs Act 1991. While he was in “custody”, his owner passed away.
Police Scotland decided that they would have “Rocco” put down without an order for the animal’s destruction under the 1991 Act.
The owner of the kennel where “Rocco” was being kept objected to this, and David assisted him in seeking judicial review and interim interdict, contending that arranging the destruction of the animal without authority to do so under the legislation was unlawful.
Police Scotland insisted that the termination would go ahead. On 20 January 2021 Lord Clark granted interim interdict prohibiting Police Scotland from arranging for the destruction of “Rocco” without an order of the sheriff or a justice of the peace under section 4B(1) of the Dangerous Dogs Act 1991.
The judicial review proceedings were then sisted for Police Scotland to make an application for an order of that nature. The kennel owner was represented in those proceedings by J Myles & Co, Solicitors, Dundee.
While those proceedings were ongoing, “Rocco” was reassessed as not being a banned breed, and his termination is no longer sought by Police Scotland. The judicial review has now been dismissed with expenses in favour of the petitioner.
Click here for more about “Rocco“.