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Kennel Club planning no appeal on ruling

PUBLISHED: 07:09 22 November 2001 | UPDATED: 10:53 03 March 2010

THE KENNEL Club has decided not to appeal against a court ruling that overturned its ban on a former champion breeder and left it with several thousand pounds of legal costs to pay.

THE KENNEL Club has decided not to appeal against a court ruling that overturned its ban on a former champion breeder and left it with several thousand pounds of legal costs to pay.

The governing body of dog breeding was ruled last month to have been 'excessive' and 'disproportionate' when it banned former Crufts winner Phyllis Colgan from showing or breeding dogs for five years after she was convicted of animal cruelty in 1999.

Mr Justice Cooke, sitting at the High Court in London, ordered that the five-year ban on Mrs Colgan showing or breeding dog should be reduced to two years with immediate effect – meaning she was free to resume her business. The judge also ordered that a five-year ban on Mrs Colgan's registration should be replaced with a three-year suspension, which will finish in April next year.

This means she can breed dogs now but must wait until April before she can register any of her animals with the club.

After the ruling, the body could have chosen to appeal against the decision, but a spokesman yesterday confirmed that no appeal would be lodged. The body must also pay 60% of the costs of the case, which are expected to run into several thousand pounds, although the exact sum is not yet known.

The spokesman said: "We stand by our decision. The judge did not find any fault with our procedures.

"We do not see the judge's decision as a defeat. We are not going to appeal."

Mrs Colgan, formerly of Rushbrooke Lane, Bury St Edmunds, was convicted of permitting unnecessary suffering at Leicester Magistrates' Court in 1999 after 10 of the 32 Newfoundland dogs she was transporting from Bury to her new home in Matlock, Derbyshire died of heat exhaustion in the back of a van. She and her then son-in-law Duncan Elliot – who was convicted of causing unnecessary suffering - had been transporting the dogs to her lover's home after the break-up of her marriage.

Mrs Colgan now lives in the United States.

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