Mastiff Clubs issue KC writ

27/11/2008

Mastiff Clubs issue KC writ

A LEGAL battle between the Mastiff clubs and the Kennel Club is heading for London’s High Court.
In a writ which has just been made public, Graham Hicks on behalf of the Old English Mastiff Club and the Mastiff Association (MA) accuses the KC of registering a dog with unknown breeding.
Mr Hicks, president of the OEMC, said that his club had launched the action and was being supported by the MA.
The pending court action relates to the Mastiff Jengren Mr Milligan bred by Thelma Green and registered in January 1999.
The clubs are demanding that his name is removed from the register because the KC recorded his dam as ‘Mastiff dam unknown’.
The writ contends that the KC registered Mr Milligan as purebred even though, it alleges, his pedigree is unknown.
The writ also says his progeny have also been registered as purebred even though it is alleged the KC has no way of knowing if he is a purebred Mastiff.

Mr Milligan


A puppy fathered by Mr Milligan was exported to the US but was refused registration in 2006 despite reciprocal arrangements between the KC and the American Kennel Club, the writ says.
The writ also accuses the KC of breaching its contract and causing Mastiff stock in England to be devalued in the UK and overseas.
The two breed societies accuse the KC of negligence in its interpretation of the rules by allowing the dog to be registered as purebred despite allegedly having no way of knowing whether or not this was the case.
They say the KC failed to follow its own regulations and registered Mr Milligan and his progeny as purebred despite requests from the clubs’ members not to. The dog, they allege, is not purebred and the KC’s actions have made their stock lose value and credibility in the market place.
The societies are seeking declarations that the KC has breached its own regulations in the case of Mr Milligan, an injunction ordering the KC to stick to its own rules in future on registering purebred Mastiffs and an injunction ordering the body to de-register Mr Milligan and all his stock previously registered as purebred.
The societies are also seeking an injunction banning the registering of any further stock or descendants of Mr Milligan plus damages.
On Tuesday Mr Hicks confirmed the contents of the writ. A KC spokesman would only say that the matter was in the hands of its lawyers.
Mrs Green said: “There’s nothing much I can say. The KC made its decision and that is something I think the KC has to sort out for itself.”
The action may be heard in the spring.


 

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