Jamie Scott, instructed by West Midlands Police, has successfully resisted an appeal by way of case stated against a dog destruction order.
The police seized a Rottweiler after it had attacked a person. A destruction order was made by Birmingham Magistrates’ Court in 2018 but the appellant argued the court lacked jurisdiction to make the order.
The appeal hinged on when the ‘matter of complaint’ arose and when the six-month time limitation period began to run. Carr LJ and Knowles J held it ran from the point the dog was seized.
The case is Garrett v Chief Constable of West Midlands Police  EWHC 1866 (QB)