Scottish Borders Council v Johnstone

Local government – Control of dogs. Sheriff Court: Allowing an appeal against a sheriff's interlocutor ordering the destruction of the appellant's dog and interdicting him from owning a dog for two years following an incident in which the dog bit a child on the face, the court held that the sheriff was entitled to conclude that the dog was dangerously out of control in a public place but he had failed to consider properly a dog control notice as an alternative to destruction and it followed that the appeal should be allowed as to the order disqualifying the appellant from owning a dog.

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