Green light for XL bully ban to be challenged

CAMPAIGNERS have been given the green light to bring a High Court challenge against the Government’s decision to ban XL bully dogs.

XL bully owner Sophie Coulthard, 40, and campaign group Don’t Ban Me, Licence Me (DBMLM) 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 Dogs 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 on people.

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, 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.

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.

Ms Coulthard, from Wandsworth, London, who owns Billy the XL bully, said she was “elated” by the judge’s decision. She said the campaign group agreed something needed to be done over dangerous dogs, but said “alternative solutions” could have been considered.