The High Court has temporarily restrained the Minister for Rural and Community Development and others with notice of the order from seizing or euthanising XL Bully dogs from shelters of relevant bodies while a judicial review proceeds.
Mr Justice Jordan made the order on 31 January 2025, granting part of an injunction application by six animal rescue organisations. He refused their separate request to prevent enforcement of the ban on rehoming dogs covered by the Regulations, which was due to take effect on 1 February.
The substantive hearing was set for 27 February. The judge said the applicants had established a fair question to be tried, a point not contested between the parties. He considered damages inadequate if dogs were euthanised before the case was decided, while also giving weight to public safety and the need to allow regulations to operate. He said he expressed no view on whether the applicants would ultimately succeed.
In explaining his refusal to suspend the rehoming ban, the judge referred to serious injuries and a death caused in attacks involving XL Bullies. He said public safety was a core consideration behind the Regulations and that the need to regulate such dogs was manifestly obvious.
The judge also expressed concern that the Regulations did not appear to provide for error or an administrative challenge to a decision that a dog should be euthanised. He said that issue was for the substantive hearing, including consideration of the Regulations’ wording and the finality of decisions under them.
The court granted liberty to apply and reserved the costs of the injunction application to the judge hearing the substantive case. The ruling did not determine the validity of the Regulations or the applicants’ underlying challenge.