Fitzgerald v CPS [2024] EWHC 869 (Admin) – S 4(1) DDA.
1) transferring ownership of dog to fit and proper person can avoid destruction order.
– burden of proof on D on balance of probabilities.
2) in both criminal and civil law, unchallenged expert evidence can only be rejected for reason.
- court bound by unchallenged expert’s report unless reason why can be fairly discounted.
- expert should be required to attend for cross-examination if conclusion to be challenged.
3) where proposal to transfer ownership of dog, court must properly consider its detail.
- judgment stating court had given “due weight” to proposal was inadequate.
4) mere fact of breach of CDO does not mean court can make DDO without considering all circumstances of case.
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Related case digests
- R (Dawson) v Preston Crown Court and Ors [2023] EWHC 497 (Admin) – Ss 1(3) and 4B(2A) DDA.
1) judicial review of refusal to state a case. - High Court may direct case be stated or deal directly with substance of issues. 2) court not obliged to follow expert’s opinion even when no opposing expert’s opinion, if cogent reasons given for not accepting it.