Cat Law

Cat ownership disputes are becoming increasingly common. Due to the nature of this kind of dispute, emotions can be highly charged. 

• The most common situation where ownership is called into question is when a couple is in the process of separating, or have already separated, and there is an argument over who gets to keep the cat.
• This kind of custody disputes can also occur between uninvolved individuals who are attempting to claim ownership of the same cat.

Having an owned cat microchipped is a legal requirement but this does not provide absolute proof of ownership.

Please do not delay in getting specialist advice from us in this kind of case as any delay may be held against you if the matter proceeds to Court.  We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

We can help you whether you are bringing or defending a claim.

We can advise on breach of contract claims which may arise if there is:-

• Breach of specific terms of the agreement
• Breach of implied terms of the agreement

We can assist either the seller or the buyer.

We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

What is a contract?

A contract is an agreement made between the breeder (seller) and the purchaser (buyer). It confirms who the parties are, what is being sold, how much is being paid for it and what the terms + conditions are.

Does the law impose additional terms even if they’re not in the contract itself?

If the cat was sold in course of a trade or business it must be (a) of satisfactory quality (b) fit for the purpose for which it was sold, and (c) as described. 

The seller may also be bound by representations that have been made verbally or in writing.

Do you have evidence that your vet has given your cat the wrong treatment?  As a professional, they are required to treat your cat with the degree of skill and care that would be expected of a reasonably competent vet.  If they have not met this standard and as a result you have suffered a loss (perhaps by way of increased vets fees or if your cat has sadly died) then there may potentially be a claim if it can be proven that the loss was foreseeable and could otherwise have been prevented.

Provided you have the evidence, we can advise whether in the particular circumstances of your case there may be liability on the practise owner.  If there is a sustainable claim we can also advise on potential quantum.

We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

Has your cat been attacked by a dog and you’ve been left with a hefty vet’s bill, or even worse, your cat has been killed in the attack? 

We can advise whether in the particular circumstances of your case there may be liability on the dog owner (and if different the person who was in charge of the dog).  If there is a sustainable claim we can also advise on potential quantum.

We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

Owned cats in England over the age of 20 weeks are required to be microchipped

We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

To be regarded as ‘microchipped’ for the purposes of the Regulations the cat must not only have a microchip inserted but also:-

• The microchip itself must comply with set standards
• The registration must be on a database that is compliant with set standards
• It must be registered in the name of the keeper (the person who the cat normally lives with) and have an up to date address and phone number

If a keeper has a cat that is not microchipped (as set out above) that is a breach of the Regulations and an enforcer can serve a 21 day Notice to require compliance. Failure to comply with that Notice is a criminal offence punishable by a fine of up to £500.

It is very important that keepers make sure that they keep their details up to date on the database.

There are restrictions on who can lawfully implant a microchip in a cat

There is a duty to report an adverse event (such as the microchip not working or if it has migrated from the point of implantation)

Just because a cat’s microchip is registered in a particular person’s name on the database doesn’t necessarily mean they are going to be regarded in law as the owner of the cat. A microchip is evidence of ownership but it isn’t absolute proof of ownership.

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 have been in force since 1st October 2018 in England.

We offer a fixed fee telephone consultation, costing just £75 + VAT for up to 20 minutes. To book an appointment call us on 01227 20 33 20 during normal office hours.

Selling Animals as Pets

Whilst there is no specific cat breeder’s licence, a breeder might need to be licensed if they come within scope of selling the cats as pets (or with a view to their being later resold as pets) in the course of a business. The Guidance helps with some examples of what is and what isn’t within scope, and it also gives a detailed explanation of the conditions which are specified in the Regulations.

A licensed operator is going to be subject to the General Conditions and the Specific Conditions which are both specified in the Regulations and the Council is required to ‘have regard’ to DEFRA’s Guidance.

In particular, careful note needs to be taken of the definition of the ‘business test’ in Part 1 of Schedule 1 of the Regulations which includes “whether the operator makes any sale by, or otherwise carries on, the activity with a view to making a profit”.

Providing Boarding for Cats

This applies if someone provides or arranges the provision of accommodation for other people’s cats in the course of a business on any premises where the provision of that accommodation is a purpose of the business.

Each activity is subject to the same General Conditions but the Specific Conditions vary according to which activity is being undertaken. The Council is required to ‘have regard’ to DEFRA’s Guidance.

What activities aren’t included in the Regulations

So far, there are no specific Regulations in England that deal with:-

• Rescues (provided they don’t rehome animals commercially)
• Groomers
• Pet sitters (provided it is in the owner’s home – if the operator provides or arranges accommodation then they would need to be licensed)

Offences

If someone operates a licensable activity without the benefit of a licence they are committing a criminal offence punishable by an unlimited fine and/or up to six months imprisonment.

Breach of a licence condition is also a criminal offence and the maximum penalty is an unlimited fine.

The Council has the option of issuing a penalty notice as an alternative to a prosecution.