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In the Dog House

In the recent case ofย Moosun v HSBC [2015] EWHC 3308 (Ch), ย claims brought by two dogs Goldie aged 18 months and Diamond aged 2 years were struck out by Snowden J under the Civil Procedure Rules , Part 2.3 (1).

One assumes that because of the judgeโ€™s emphasis on their ages, the law had to regard them as minors, even in doggy years. Would his decision have been different if a litigation friend had been appointed? This can only be a matter of conjecture as the judge appeared to base his findings on the inability of Goldie and Diamond to give instructions. However he went on to say, โ€™There are a whole host of other reasons why proceedings by dogs must be voidโ€™, but tantalisingly declined to particularise them.

Read the full Judgment here.

 

Bivonas Law LLP John Bechelet
John Bechelet

John specialises in commercial and civil fraud litigation. Admitted as a solicitor in 1983, John worked in private practice and in-house for a leading life assurance company before establishing Bivonas with Antony Brown in 1997. John has extensive experience in a wide range of courts and tribunals including the UK Supreme Court, the Court of Appeal and the Divisional Court. He has been involved in a number of important reported cases.

In the recent case ofย Moosun v HSBC [2015] EWHC 3308 (Ch), ย claims brought by two dogs Goldie aged 18 months and Diamond aged 2 years were struck out by Snowden J under the Civil Procedure Rules , Part 2.3 (1).

One assumes that because of the judgeโ€™s emphasis on their ages, the law had to regard them as minors, even in doggy years. Would his decision have been different if a litigation friend had been appointed? This can only be a matter of conjecture as the judge appeared to base his findings on the inability of Goldie and Diamond to give instructions. However he went on to say, โ€™There are a whole host of other reasons why proceedings by dogs must be voidโ€™, but tantalisingly declined to particularise them.

Read the full Judgment here.

 

Bivonas Law LLP John Bechelet
John Bechelet

John specialises in commercial and civil fraud litigation. Admitted as a solicitor in 1983, John worked in private practice and in-house for a leading life assurance company before establishing Bivonas with Antony Brown in 1997. John has extensive experience in a wide range of courts and tribunals including the UK Supreme Court, the Court of Appeal and the Divisional Court. He has been involved in a number of important reported cases.