Mr Justice Jordan handed down judgment in the High Court 31 January 2025 in a judicial review case taken by My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and The Haven Rescue (the “Applicants”) against The Minister for Rural and Community Development, Ireland and the Attorney General (the “Respondents”). The Applicants were seeking reliefs in relation to Regulations due to be commenced the next day which would require the euthanasia of XL Bullies in the care of the Applicants.
The firsr relief sought was an injunction restraining the Minister or anyone having notice of the order from seizing and/or euthanasia of XL Bully dogs from dog shelters of any relevant bodies within the meaning of the Regulations pending the determination of these proceedings. The second relief sought was an injunction restraining the Minister from enforcing the ban on rehoming of XL Bullies due to take effect on 1 February 2025 pending the determination of the proceedings.
The Court referred to the need for the regulation of XL Bullies due to the harm caused by these dogs and the danger they pose to the public, while also acknowledging the work done by the charities and that the Regulations could potentially lead to the euthanasia of a well-behaved dog.
The Court also noted those who are given statutory power and authority to make legally binding decisions are entitled to do so without undue interference. It was therefore necessary in this case to exercise its jurisdiction in setting aside regulations with caution.
The Court determined that the appropriate balance was to grant the first relief, the injunction restraining the seizing and/or euthanasia of XL Bullies, but refuse the second relief sought, the injunction restraining the enforcement of the ban on rehoming XL Bully dogs.
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