Campaigners challenging the ban on XL bully dogs have lost their Court of Appeal bid, upholding the government's decision to add the breed to the Dangerous Dogs Act. The group Don’t Ban Me, Licence Me and its director Sophie Coulthard launched legal action against the Department for Environment, Food and Rural Affairs (Defra) after owning an XL bully without an exemption certificate became a criminal offence in England and Wales in February 2024.
The law change meant unregistered pets could be seized and owners possibly fined and prosecuted. Exemption certificate holders must comply with strict requirements, including microchipping and neutering their pets. Campaigners argued the ban was unlawful, citing “unreliable” material, a lack of “proper” impact analysis, and “vague” standards that risked individuals unknowingly committing an offence.
At the High Court, Mrs Justice Lang largely dismissed the challenge but found the government failed to comply with its public sector equality duty (PSED) during assessments in September and October 2023. However, she concluded the outcome would not have been “substantially different” as a correct assessment was later conducted in May 2024. The campaign group appealed part of this ruling, but it was dismissed on Friday.
In a written judgment, Lord Justice Singh, sitting with Dame Victoria Sharp and Lord Justice Warby, clarified the legal position. He stated: “The judge held that the Secretary of State had breached the PSED before the orders were made but she did not hold the orders were therefore ‘unlawful’. In fact she held the opposite, since she refused to quash the orders. The consequence in law is that the orders are valid and were valid in the period between February and May 2024.”
At least six out of ten fatal dog attacks in the UK in 2022 involved an XL bully. According to Bully Watch, XLs were responsible for 45 per cent of dog attacks on humans and other dogs in 2023 before the ban came into force. American XL bullies are closely related to the pit bull terrier and have been cross-bred with other breeds such as English and American bulldogs. They are the fifth type of dog prohibited under the Dangerous Dogs Act, alongside the pit bull terrier, Japanese tosa, dogo argentino and fila brasileiro.
