Defeat for XL Bully owners as judge rules 'alarmingly high' number of deaths caused by the dogs was enough to justify ban
- Campaigners had brought a High Court challenge against the new crackdown
A ban on XL bully dogs has been ruled lawful by the High Court despite campaigning owners' claims that it was based on 'unreliable material'.
Judges have said that ministers had 'sufficient evidence of an alarmingly high level of fatal attacks' by the dog breed when launching the crackdown last year.
XL bully owner Sophie Coulthard and campaign group Don't Ban Me, Licence Me pursued legal action against the Department for Environment and Rural Affairs over the large bulldog-type American breed being added to a banned list under the Dangerous Dogs Act.
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.
Opponents argued that the ban was unlawful, insisting it was based on 'unreliable' material and also lacked a 'proper' analysis over its impact while including 'vague' standards that risked people unknowingly committing a criminal offence.
But in a new judgment at London's High Court, Mrs Justice Lang has now dismissed most of the legal challenge over the ban.
The judge found that issues such as defining the right types of dog and the human impacts of euthanasia had been considered by Defra.
She ruled it was 'not necessary' to interrogate 'each reported case of a dog attack or fatality' ahead of the ban nor to delay the crackdown coming into force 'until an official definition of the XL Bully was prepared'.
XL bully owner Sophie Coulthard (pictured with her pet Billy) and campaign group Don't Ban Me, Licence Me pursued legal action against the Department for Environment and Rural Affairs
The former Conservative government introduced new restrictions on ownership of XL bully dogs following attacks including this one captured on CCTV in Birmingham in September 2023
Since February, it has been a criminal offence to own an XL bully dog in England and Wales without an exemption certificate
The judge said she had been shown data for 11 deaths between January 2020 and September last year.
Mrs Justice Lang added: 'Suffice it to say that, even excluding those cases where there was legitimate doubt as to whether an XL Bully was involved, there was sufficient evidence of an alarmingly high level of fatal attacks by XL bullies or XL bullies crossbreeds to justify the defendant's concerns.'
She did rule in favour of the campaigners on one point, however - finding that the Government had failed to comply with public sector equality rules with assessments in September and October last year.
However, the judge said that she would not order any changes, following a 'comprehensive' and lawful quality assessment last May.
She said: 'It is highly likely that the outcome for the claimants would not have been substantially different if the conduct complained of had not occurred.'
The new laws brought in earlier this year ordered that XL bully dogs which were more than one year old after this date must be neutered by June 30, while younger dogs must receive the same treatment by December 31.
The powerful breed has distinctive features, including an average 20in height, broad shoulders, a bulky head and 9st weight.
Yet fans of the dogs have been sticking up for them in the face of a government backlash - with plenty of videos shared on social media site TikTok celebrating such pets.
Some show XL bullies appearing quiet and docile, including one playing with a young girl - while others joke about barking dogs appearing 'so angry'.
In the case brought by campaigners to the High Court, their lawyer Cathryn McGahey argued the ban came from a 'hasty' announcement by then-Prime Minister Rishi Sunak in September last year, the day after a fatal dog attack, which led to legal errors.
In written arguments, the barrister said Defra had 'no material on which to base a rational decision that dogs involved in recent attacks were disproportionately of XL bully type'.
She said the Government estimated there were 10,000 XL bullies in the UK, but 57,301 have been registered.
Ms McGahey said there was no analysis of the numbers of other dog types involved in fatal attacks, adding: 'If five XL bullies have been involved in fatal attacks out of a population of 50,000, and one German shepherd dog out of a population of 10,000, then XL bullies are no more dangerous than German shepherds.'
Ned Westaway, for Defra, said it had been 'rational' to conclude that XL bullies had the characteristics of fighting dogs due to their connection to pitbull terriers.
He said the Government's XL bully standard had been 'carefully and sensibly thought about' and was not unlawful.
In his written arguments, Mr Westaway said ministers were aware the number of XL bullies could be higher than 10,000.
Solicitor Rebecca Strong, Sophie Coulthard and Rose Downey, head of research at campaign group Don't Ban Me License Me, outside the Royal Courts of Justice in London in April this year
Sophie Coulthard, pictured with her pet XL bully dog Billy, has campaigned against the new restrictions on the animals which were introduced by Rishi Sunak's government
He added: 'Even if the number is substantially greater than 0.1 per cent of the UK dog population, XL bully type dogs would still have been responsible for a disproportionate, and concerning, number of dog attacks since 2020'.
XL bully fan Ms Coulthard set up a campaign group called Bully Watch and in a social media video which went viral last year, she urged fellow owners to 'get out there' and show their dog is safe as 'now is not the time to hide'.
She told of deciding to get an XL Bully dog after seeking a dog that was both capable of going on hikes and could live in her London apartment.
And she did not recognise the characterisation of XL Bullies as naturally violent animals, adding that her pet named Billy was the ideal 'family companion'.
She has criticised what she called a 'moral panic' over the dogs, following high-profile attacks on youngsters including a Birmingham schoolgirl in September 2023.
Ms Coulthard previously said: 'Certain, let's say, retired dog experts have been using this language - "devil dogs", "franken-bully" and "tiger on a lead" - all that is doing is scaring the general public into putting pressure into a knee-jerk reaction.
'You are going to have responsible owners like me who are unfairly targeted for the type of dog that I have, while dog attacks across all breeds are up at the moment.'
'If we've learned anything from the Dangerous Dog Act, it's that banning by type doesn't work.
New data has revealed top ten XL Bully hotspots, unveiling the areas with the highest numbers of the 'dangerous' dog
'The people who are breeding irresponsibly and owning irresponsibly will just move on to another breed.'
New data last month revealed that at least 16 dogs are seized every day in the UK, with experts warning that dangerous dog bans on breeds may not be the way to solve the maulings epidemic.
Since November 2023, just under 6,000 dangerous dogs have been seized by 27 forces, a Freedom of Information (FOI) request found - meaning 114 dogs are taken every week.
Of the forces which responded to the FOI, Greater Manchester had the highest figures, with 19 dogs captured per week.
A spokesperson at Puppies.co.uk, which obtained the data, said: 'The Dangerous Dogs Act has been in effect for over three decades and yet, hospital admissions due to dog bites continue to rise.'
They added that instead of focusing on breed, the emphasis should be on 'addressing the root causes of dog aggression' instead, and called for stricter laws and enforcement on poor breeding practices instead.
A dog attack is counted as a crime when an 'owner or person in charge allowing a dog to be dangerously out of control in any place in England or Wales injuring any person or assistance dog'.
Under the Dangerous Dogs Act 1991, police may seize any dog in any place, (public or private) in England or Wales if the dog appears to the officer to be dangerously out of control.
Angeline Mahal, 50, was killed at her home in Hornchurch, east London, by two of her own XL bully dogs in May this year - one of at least six reported fatalities since the new ban came in
With the permission of a court, the police can seize a banned dog, even if a complaint hasn't been made and the dog has not acted dangerously.
At least six people are reported to have been killed in attacks by XL bully dogs since the new rules came into force earlier this year.
Among the victims was a woman in her 50s, Angeline Mahal, who was set upon by her two registered XL bully dogs at a property in Cornwall Close, Hornchurch, in the east London borough of Havering in May.
The previous Conservative government, led by Prime Minister Rishi Sunak, brought in the new legislation after XL bullies were blamed for maulings which led to at least 11 deaths since 2021. Those killed ranged from 17 months to 84 years of age.
Injuries and deaths after attacks by XL bully-type dogs
Jonathan Halstead, 35
Jonathan Halstead, 35 - January 29, 2020
Jonathan died from a severe neck injury and bites after being attacked in his home in Oldham, Greater Manchester by his pet Staffordshire Bull Terrier, Bronson.
It is believed the dog attacked him when its owner suffered an epileptic fit.
Jack Lis, 10
Jack Lis, 10 - November 8, 2021
Schoolboy Jack Lis, ten, suffered catastrophic injuries after being mauled by an American XL bully dog called Beast while visiting a friend's home in Penyrheol in Caerphilly, Wales on November 8, 2021.
Neighbours and Welsh Ambulance Service paramedics desperately tried to save him but he died at the scene. Armed police destroyed the dog on site.
Adam Watts, 55
Adam Watts, 55 - December 22, 2021
Adam Watts, 55, was attacked at the Juniper Kennels and Cattery in Kirkton of Auchterhouse, near Dundee, and was pronounced dead at the scene on December 22, 2021.
MARCH 21, 2022: Undated family handout photo issued by Merseyside Police of Bella-Rae Birch
Bella-Rae Birch, 17 months - March 21, 2022
Toddler Bella-Rae Birch was attacked by her family's pet American bully XL dog when she was just 17 months old.
The vicious dog snatched the child out of her mother's arms while they were at their home in Blackbrook, St Helens, Merseyside, on March 21 last year.
Keven Jones, 62
Keven Jones, 62 - May 28, 2022
Keven Jones died after he was attacked by an American Bully XL dog in Wrexham, Wales on May 28 last year.
Ambulance workers attempted to save him but they were unable to stop his left leg bleeding.
Mr Jones was then pronounced dead at his son's house following the attack.
Joanne Robinson, 43
Joanne Robinson, 43 - July 15, 2022
Mother-of-two Joanne Robinson, 43, was killed by her American bully XL dog, Rocco, after it 'turned mad in the extreme heat' in July last year.
She died at the scene of the attack at home in Rotherham, South Yorkshire while her partner, Jamie Stead, was left with injuries to his hands, stomach and face as he tried to pull the animal off her.
Joanne's mother Dot, of Wath-upon-Dearne, South Yorkshire, revealed at the time that Rocco had previously fought with their other dog Lola - and she had warned her daughter to 'get rid of one of them'.
Ian 'Wiggy' Symes, 34
Ian Symes, 34 - August 2022
Ian 'Wiggy' Symes, 34, who is understood to have been walking a bully XL dog himself at a recreation ground in Fareham, Hampshire, died at the scene following a horrific dog attack in August 2022.
His devastated family said he was 'doing something he loved' when he died in the field in Fareham, Hampshire.
Ann Dunn, 65
Ann Dunn, 65 - October 3, 2022
Ann Dunn, 65, was found collapsed with 'catastrophic injuries' at her Liverpool home she shared with seven dogs on October 3 last year.
She was mauled to death by dogs including an American bully XL - and had been sent to hospital a year before her death because she had been bitten by a dog.
Shirley Patrick, 83
Shirley Patrick, 83 - December 3, 2022
Widowed grandmother Shirley Patrick, 83, died after being viciously mauled by an XL bully in her own home.
The retired nurse died in hospital 17 days after suffering 'life-threatening injuries' during the 'hellish' and 'violent' dog attack in Caerphilly, South Wales on December 3 last year.
Jonathan Hogg, 37
Jonathan Hogg, 37 - May 18, 2023
Jonathan Hogg, 37, was mauled to death by an American XL bully dog when it turned on him while he was looking after it for a friend.
He entered the pen when it went for him, leaving bite wounds on his arm, leg and head, an inquest heard.
He was rushed to hospital but died of his injuries after the mauling in Leigh, Greater Manchester, on May 18 this year.
Ian Price, 52
Ian Price, 52 - September 14, 2023
On Thursday, September 14, 'pillar of the community' Ian Price, 52, was attacked and killed by two 'devil' XL bully dogs after they jumped out of his neighbour's window in Stonnall, Staffordshire.
Mr Price was attacked and killed by the two dogs which jumped out of a neighbour's window yards from a primary school. He reportedly died defending his elderly mother from the animals.
The dogs bit him and ripped the clothes from his body leaving him dying in a pool of blood in his boxer shorts in the horror attack just feet from his home.
Ian Langley, 54
Ian Langley, 54 - October 3, 2023
Ian Langley, 54, was set upon on the estate in Sunderland on October 3 this year by an enormous XL bully dog which grabbed him by the neck as he bent down to pick up his Patterdale terrier pup.
The attack left Mr Langley needing CPR for around 15 minutes as emergency services fought to stop heavy bleeding from his wounds. He died from his injuries.
