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Bully Xl Attack Scotland - Sue Government?

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barry1010 | 10:23 Wed 24th Jan 2024 | Law
12 Answers

Man is fighting for his life in hospital after out of control 'XL bully' savagely attacks two peopl… via

Assuming the dog is a Bully XL could the victims sue the Scottish government for their refusal to follow Westminster's legislation re the licensing and muzzling of these dogs from end December 2023?



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No you can't sue a "government" for not enacting a law.

...but they should prosecute the owner for whatever they would have done if he's done it himself. ABH, GBH, attempted murder etc.

Scottish Government have now already agreed to bring in the law in Scotland.  They have not yet released the start date.  However as with all breed specific legislation it won't stop attacks like this by dogs with irresponsible owners.  

There is different inheritance legislation in Scots law and English law.

Would you think someone could sue the government when they could have been better off under the other country's legal system?

Question Author

Yes, lankeela, they did a U-turn due to the number of bully XLs being taken to Scotland from England and Wales

The Scottish government has rather had its hands full this past wee while fighting scandal and misdeeds on various fronts.

Question Author

No, CL. I have no problem with Scotland having different laws in most cases but the consequences of this decision was foreseeable.


09:42 As usual Scotland wanted to be contrarian to the hated England. That was more important to them at the time. Anyone could have predicted what would happen.

And yet nobody bothered.

Would you think the UK government could be sued for not introducing the legislation at an earlier date?

Question Author

No, I don't agree with knee jerk legislation.

As far as I know the first fatal XL attack was November 2021.  I think the timing was about right

no - it fails the but-for test

but for the lack of legislation, the man wd have not been bitten


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