Camilla Whitehouse, instructed by the UK’s leading canine solicitors Cooper & Co, secures excellent result in an unusual injunction matter concerning the sale of pedigree puppies
Q: Who let the dogs out?
A: Camilla Whitehouse
Background
Camilla Whitehouse was instructed to represent two well-respected KC registered Italian Spinone breeders. In April, her clients had sought a dog to breed with their bitch. A stud dog had been identified and mating had successfully resulted in a litter of 7 puppies. In late July, a dispute arose between the owner of the stud dog and Ms Whitehouse’s clients as to the appropriate consideration for the mating, namely whether the stud’s owner should receive the first pick of bitch puppies, in lieu of a stud fee.
Ex parte urgent injunction
In early August, the stud dog owner applied and was granted an urgent ex parte injunction preventing the disposal or sale of all puppies. The stud owner continued to seek an order for specific performance, namely the provision of the bitch pick of the litter.
Ms Whitehouse, acting at short notice, drafted a fully pleaded defence to both the substantive cause of action and the prohibitory and specific performance injunctions sought.
Following her representation at a fully contested hearing, Ms Whitehouse successfully secured the discharge of the prohibitory injunction and dismissal of the interim application for specific performance. Further, Ms Whitehouse secured an order for the opposing party to pay, without deduction, all her clients’ legal costs. Thereafter, despite representations from opposing counsel, Ms Whitehouse succeeded in her applications for transfer of proceedings and track allocation.
The matter is now listed for trial of Ms Whitehouse’s clients’ damages claims, during which the Judge will hear from leading Spinone breeders.
This success follows Ms Whitehouse’s successful representation of a KC Judge in his appeal against the Kennel Club’s disciplinary board following an altercation at Crufts.
Pictured: Trevor, one of the Spinone puppies subject to the now discharged injunction.
